CITY OF TEXARKANA CITY COUNCIL  MINUTES ● MARCH 25, 2024 

CITY OF TEXARKANA CITY COUNCIL 

MINUTES ● MARCH 25, 2024 

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Council Chambers Regular Meeting 6:00 PM 220 TEXAS BLVD., TEXARKANA, TX 75501 

1. CALL TO ORDER, ROLL CALL, ESTABLISHMENT OF QUORUM 

Attendee Name	Title	Status	Arrived
Bob Bruggeman	Mayor	Present
Jean H. Matlock	Ward 1	Present
Mary Hart	Ward 2	Present
Betty Williams	Ward 3	Absent
Christie Page	Ward 4	Present
Cole Meador	Ward 5	Present
Jay Davis	Ward 6	Present

 

Staff Present: City Manager David Orr, Jennifer Evans, Robby Robertson, Mashell  Daniel, Karey Parker, Chris Black, Vashil Fernandez, Lisa Thompson, Dusty Henslee,  J.W. Bramlett, Chiqita Burks, Brooke Stone, Keith Beason, and Kristin Peeples. 

Municipal Court: Judge Sherry Jackson Hawkins. 

Legal Counsel: Jeff Lewis. 

1. INVOCATION AND PLEDGE LED BY COUNCIL MEMBER JEAN MATLOCK 

III. PROCLAMATION PRESENTATION – FINANCIAL LITERACY MONTH 

Mayor Bruggeman read the proclamation and presented it to Council Member Davis, who is  the Executive Director of Financial and Entrepreneurship Engagement at Texas A&M – Texarkana.  

Mr. Davis thanked the Mayor and said the public is invited to a Wellness Remix. This expo  includes several areas of wellness, including financial planning.  

It will be held on April 30th, from 9:00 a.m. to 6:00 p.m. at the Texarkana Convention  Center, 910 S Cowhorn Creek Loop, Texarkana, Texas. 

Financial Literacy Month – April 2024

Minutes City Council March 25, 2024 

RESULT: CLOSE ACTION

 

1. MAYOR’S REMARKS AND ITEMS OF COMMUNITY INTEREST 

Upcoming City Council Meetings 

Monday, April 22, 2024 at 6:00 p.m. (one meeting in April) 

Monday, May 13, 2024 at 6:00 p.m. (one meeting in May) 

Parks & Recreation Activities: 

March 30th & 31st NCS Baseball Tournament Spring Lake Park/Swanger Complex April 13th & 14th NCS Softball Tournament Grady T. Wallace Park April 19th & 20th Dixie Wood Bat Baseball Tourn. Spring Lake Park/Swanger Complex 

Additional Parks & Recreation information can be found on the city’s website at  <http://www.texarkanatexas.gov>. 

 

Perot Theatre Events 

March 26th at 7:00 p.m. – Janets Planet – A Tour of the Solar System – presented by TRAHC.  Tickets are available at perottheatre.org. 

April 6th at 7:00 p.m. – Texarkana Symphony Orchestra presents: Dark Side of the Moon – The Music of Pink Floyd. 

Solarbration – Two States, Total Eclipse 

The “Solarbration” celebration will be held April 5th– 8th. For a list of programs, activities,  and events, please visit solarbrationtxk.com. 

TOTAL ECLIPSE DAY – April 8th at 1:00 p.m. – Live music from “Emerald City” south of  the downtown U.S. Federal Courthouse/Post Office on State Line Avenue. 

TAMUT Big Event  

The Big Event will be held on Saturday, April 13. It will be a day of community service  projects from 8:00 a.m. to 12:00 p.m. Neighborhood and citywide projects can be submitted  to Vashil.Fernandez@texarkanatexas.gov. 

The Texarkana Urban Transit District is happy to announce T-Line will resume Saturday bus  service beginning April 6th. For more information, citizens can call the main office at (903)  794.8883 or visit T-Line’s website at t-linebus.org. 

Sadly, one of the city’s police officers was attacked by two dogs on Friday evening, March  22nd, which resulted in surgery. The Mayor went to the ER and found Officer Flores  receiving outstanding care from the Wadley Hospital emergency room team.  

The officer is doing well and prayers are with him and his family. The city wishes for a  speedy recovery.

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Minutes City Council March 25, 2024 

1. OPEN FORUM: COMMENTS FROM THE PUBLIC 

Per Council rules, comment time is limited to five minutes, or ten minutes if using a translator. Before  comments are made, a speaker must complete an information sheet and give to the City Secretary. If your  comment pertains to an agenda item with a scheduled public hearing or public comment, the Council requires  that you make your comment at that time; you do not need to complete an information sheet. 

Jon Trickey, of the 2024 Leadership Texarkana class, spoke about class project “Play  TXK”, with the idea of installing horseshoe stake mounting brackets at Spring Lake Park.  The objective is to add density to the park and utilize available space to create more  activities for families and friends to enjoy in the outdoors. 

Sallie Moore spoke about the poor condition of various streets in the city and upgrades  needed at some of the parks. 

1. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 

Mayor Bruggeman reappointed Kevin Avery and Ben King to the TexAmericas Center  Board, each having a two-year term and effective date of June 1, 2024. 

Motion to confirm Mayoral reappointments to the TexAmericas Center Board of  Directors. 

(6:24 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Jay Davis, Ward 6  SECONDER: Mary Hart, Ward 2  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

VII. ITEMS FOR CONSIDERATION 

Consent Items 

(6:25 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Mary Hart, Ward 2  SECONDER: Jean H. Matlock, Ward 1  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

1. Consider approval of the minutes of the Regular Meeting of the City Council held on  March 11, 2024 at 6:00 PM. 
2. Resolution No. 2024-039 approving the budget calendar for Fiscal Year 2025.

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Minutes City Council March 25, 2024 

Public Hearing:  

Council Vote: March 25, 2024 

3. Resolution No. 2024-040 authorizing the City Manager to execute a contract with  Contech Contractors, Inc. of Texarkana, Texas, for an amount not to exceed  $80,852.20, for the bus stop shelter project, with Community Development Block  Grant (CDBG) funds. 

Public Hearing:  

Council Vote: March 25, 2024 

4. Resolution No. 2024-041 authorizing the City Manager to execute an Advance  Funding Agreement (AFA) with the Texas Department of Transportation for a  Transportation Alternative Set-Aside (SA) Program for the Leopard Drive Shared  Use Path and Pedestrian Improvement project. 

Public Hearing:  

Council Vote: March 25, 2024 

Action Items 

5. Resolution No. 2024-038 approving a bid from Contech Contractors, Inc. of  Texarkana, Texas, to replace windows on the exterior north wall of City Hall, in an  amount not to exceed $88,508.60, with budgeted funds from the General Fund (Fund  101). 

Public Hearing:  

Council Vote: March 25, 2024 

Keith Beason briefed this agenda item. 

(6:27 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Christie Page, Ward 4  SECONDER: Jay Davis, Ward 6  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

VIII. FIRST BRIEFINGS

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Minutes City Council March 25, 2024 

1. Ordinance No. 2024-032 rezoning an approximate 0.17-acre tract of land (being Part of  Tract 35), W. H. Ector, HRS, A-695, located at 1319 Richmond Road from Multiple  Family-1/Planned Development-General Retail to Neighborhood Service. Sundar  Adhikari, owner, and Rita Johnson-Williams, agent. 

Public Hearing: April 22, 2024 

Council Vote: April 22, 2024 

Mashell Daniel briefed this agenda item. 

RESULT: MOVED FORWARD Next: 4/22/2024 6:00 PM

 

2. Ordinance No. 2024-033 granting a Specific Use Permit to allow the location of a  daycare on the N 1/2 of Lots 9-12 and Part of the Alley, Block 55, Grandview, located at  1616 Iowa Street. Callie Donelson, owner, and Stephanie Thompson, agent. 

Public Hearing: April 22, 2024 

Council Vote: April 22, 2024 

Mashell Daniel briefed this agenda item. 

RESULT: MOVED FORWARD Next: 4/22/2024 6:00 PM

 

3. Ordinance No. 2024-034 rezoning an approximate 20.70-acre tract of land (being part of  Tracts 9-12, 13, 17, 18 and 19), R. E. Sevey HRS, A-523, located at 2300 Buchanan  Road from Single Family-1 to Planned Development – Commercial. Jeff Wright, LEISD,  owner, and Robert Sanderson, agent. 

Public Hearing: April 22, 2024 

Council Vote: April 22, 2024 

Mashell Daniel briefed this agenda item. 

RESULT: MOVED FORWARD Next: 4/22/2024 6:00 PM

 

4. Ordinance No. 2024-035 rezoning an approximate 4-acre tract of land (being Tract 64), J.  A. Talbot HRS, A-564, located at 5613 Richmond Road from Single Family-1 to Planned  Development General Retail. Josh Morriss, Morriss Family LP, owners, and Jason  Bolling, Guggenheim Development Services LLC, agent. 

Public Hearing: April 22, 2024 

Council Vote: April 22, 2024 

Mashell Daniel briefed this agenda item.

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Minutes City Council March 25, 2024 

RESULT: MOVED FORWARD Next: 4/22/2024 6:00 PM

 

5. Ordinance No. 2024-036 amending PD-24-1(GR) for site plan approval on an  approximate 4-acre tract of land (being Tract 64), J. A. Talbot HRS, A-564, located at  5613 Richmond Road. Josh Morriss, Morriss Family LP, owner, and Jason Bolling,  Guggenheim Development Services LLC, agent. 

Public Hearing: April 22, 2024 

Council Vote: April 22, 2024 

Mashell Daniel briefed this agenda item. 

RESULT: MOVED FORWARD Next: 4/22/2024 6:00 PM

 

1. PUBLIC HEARINGS 
2. Ordinance No. 2024-021 amending the Zoning Code, Chapter 140, by adding Section  140-182, “Telecommunications Tower & Stealth Telecommunications Tower”, adding  corresponding definitions to Section 140-179 and corresponding uses to “Utility and  Service Uses” in Section 140-81, and adding compliance provisions to Section 140-108,  “Planned Development”. 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

There were no public comments made at this hearing. 

(6:36 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Mary Hart, Ward 2  SECONDER: Christie Page, Ward 4  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

2. Ordinance No. 2024-028 amending the Zoning Code, Chapter 140, Article V – Special  District Regulations, Section 140-111, “UPDD University Planned Development  District”, by amending subsections 140-111(e) and 140-111(h) to provide for  “wayfinding guides” applicable for educational institutions. 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

There were no public comments made at this hearing. 

(6:38 p.m.)

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Minutes City Council March 25, 2024 

RESULT: ADOPTED [5 TO 0]  MOVER: Christie Page, Ward 4  SECONDER: Mary Hart, Ward 2  AYES: Bruggeman, Matlock, Hart, Page, Meador  ABSTAIN: Davis  ABSENT: Williams

 

3. Ordinance No. 2024-029 authorizing assignment pay for a Firefighter assigned to  specialized duties of Building Maintenance and Repair, and setting conditions and rate of  pay. 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

There were no public comments made at this hearing. 

(6:39 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Jay Davis, Ward 6  SECONDER: Cole Meador, Ward 5  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

4. Ordinance No. 2024-030 authorizing assignment pay for a Firefighter assigned to the  specialized duties of Deputy Emergency Management Coordinator, and setting conditions  and rate of pay. 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

There were no public comments made at this hearing. 

(6:40 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Jay Davis, Ward 6  SECONDER: Cole Meador, Ward 5  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

1. CITY MANAGER’S REPORT 

Meeting with New Corps of Engineers Ft. Worth District Commander 

Calvin Kroeger, the new US Army Corps of Engineers – Ft. Worth District Commander,  visited Red River Army Depot and Riverbend offices last week. Staff had a chance to meet  regarding the progress of the Lake Wright Patman Ultimate Rule Curve Project and the new  Water Intake Application for the future Riverbend plant. 

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Minutes City Council March 25, 2024 

Additionally, the City signed a memorandum of agreement with the Corps for the  environmental work that needs to be completed on the intake structure. The City also  received the funding request for the URC cultural study. These are two significant milestones  that staff has been working on with Kyle Dooley for several years and staff is looking  forward to those projects getting underway soon. 

Public Meetings for proposal of new water intake system project at Wright Patman  Lake 

With the progress mentioned above, Riverbend Water Resources District will host public  meetings for a proposal for a new water intake system project at Wright Patman Lake.  

The first will take place Tuesday, March 26, 2024, at Texarkana City Hall, 220 Texas Blvd,  Texarkana, TX 75501, from 6:00-7:00 p.m. in the Council Chambers.  

The second meeting will take place Wednesday, March 27, 2024, in the Atlanta City Hall  Council Chambers, 315 North Buckner Street, TX 75551, from 6:00-7:00 p.m.  

The public is invited to hear more about the proposed project which will consist of dredging,  a new water intake structure, raw water transmission main, raw water pump station, and a  water treatment plant. For more information, please visit:  

https://maps.papedawson.com/rwrdimages/USACE_PublicAnnouncement_240308.pdf 

Staff and Council Member Davis met with representatives from MakeMyMove, which is part  of an AR-TX REDI initiative. MakeMyMove is a remote work program that was budgeted in  the city’s current budget. An executive summary was provided to each council member. 

SAVE THE DATES! 

TML Region 15 Meeting in New Boston, at 415 County Road 2101, on April 23rd from 5:30- 8:00 p.m. 

Joint City Airport Meeting at 3:00 p.m. on Wednesday, April 24th at the Ark-Tex COG  building, 4808 Elizabeth St., Texarkana, TX. Like last year, this will be a joint meeting of the  Texarkana, TX City Council and Texarkana, AR Board of Directors. 

The agenda will include an update on the new terminal construction progress, a preview of  the upcoming budget cycle and the Capital Improvement Plan.  

1. ADMINISTRATIVE COMMENTS 
2. City Council 

Council had no administrative comments for staff. 

2. City Staff 

Staff had no administrative comments for council. 

XII. ADJOURNMENT

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Minutes City Council March 25, 2024 

A motion was made to adjourn the meeting. 

(6:44 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Christie Page, Ward 4  SECONDER: Mary Hart, Ward 2  AYES: Bruggeman, Matlock, Hart, Page, Meador, Davis  ABSENT: Williams

 

Jennifer Evans  City Secretary 

Bob Bruggeman  Mayor

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City of Texarkana, Texas 

Version: 

Briefing Sheet 

Update Date: 3/11/2024 11:26 AM Chiquita Burks, City  

Lead Department: City Manager Action Officer: Subject: Financial Literacy Month – April 2024 

Attachments 

1. Financial Literacy Month April 2024 (PDF) 

Management Fellow  

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P R O C L A M A T I O N 

WHEREAS, a strong financial foundation is essential for a secure and prosperous future  for individuals and families; and 

WHEREAS, financial literacy empowers individuals to make informed decisions about  saving, investing, managing debt, and planning for retirement; and 

WHEREAS, the United States recognizes April as National Financial Literacy Month, a  Attachment: Financial Literacy Month April 2024 (4204 : Financial Literacy Proclamation Apr2024)

time to raise awareness about the importance of financial education; and 

WHEREAS, The Center for Financial Literacy and Investment at Texas A&M University Texarkana is dedicated to providing educational resources and workshops to our  community on critical financial topics; and 

WHEREAS, The Center for Financial Literacy and Investment will be offering a  comprehensive series of workshops throughout the month of April, covering budgeting,  debt reduction, credit management, taxes, investments, and other essential financial  skills, open to students, staff, faculty, and all members of the Texarkana community. 

NOW, THEREFORE, I, Bob Bruggeman, Mayor of Texarkana, Texas, do hereby proclaim April 2024 as 

FINANCIAL LITERACY MONTH 

and encourage all residents to take advantage of the valuable financial education  resources available this month, including the workshops offered by The Center for  Financial Literacy and Investment at Texas A&M University at Texarkana. By being  equipped with financial knowledge and skills, we can build a stronger financial future  for ourselves and our families. 

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of  Texarkana, Texas, to be affixed this 25th day of March, 2024. 

_______________________________________ 

Bob Bruggeman, Mayor 

ATTEST: 

______________________________________ 

Jennifer Evans, TRMC, City Secretary 

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CITY OF TEXARKANA CITY COUNCIL 

MINUTES ● MARCH 11, 2024 

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Council Chambers Regular Meeting 6:00 PM 220 TEXAS BLVD., TEXARKANA, TX 75501 

1. CALL TO ORDER, ROLL CALL, ESTABLISHMENT OF QUORUM 

Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

Attendee Name	Title	Status	Arrived
Bob Bruggeman	Mayor	Present
Jean H. Matlock	Ward 1	Late	6:30 PM
Mary Hart	Ward 2	Present
Betty Williams	Ward 3	Present
Christie Page	Ward 4	Absent
Cole Meador	Ward 5	Present
Jay Davis	Ward 6	Present

 

Staff Present: City Manager David Orr, Jennifer Evans, Kristin Peeples, Ross Cowling,  J.W. Bramlett, Karey Parker, Chris Black, Gary Smith, Lisa Thompson, Chiquita Burks,  Robby Robertson, and Mashell Daniel. 

Municipal Court: Judge Sherry Jackson Hawkins. 

Legal Counsel: Jeff Lewis. 

1. INVOCATION AND PLEDGE LED BY COUNCIL MEMBER MARY HART 

III. SPECIAL PRESENTATIONS 

PlayTXK – by Leadership Texarkana (No representatives were in attendance.) 

Developmental Disabilities Awareness Month Proclamation 

Mayor Bruggeman read the proclamation and presented it to Community Healthcore  representatives, Stacy Tidwell and Linda Hooks. Ms. Tidwell said she hopes the  proclamation will bring awareness and consideration to individuals living in the  community with a developmental disability who also work and lead similar lives as  everyone else. Ms. Hooks shared she has a son at home with special needs who has  graduated from high school.  

Both were grateful for the proclamation recognizing March as Developmental Disabilities  Month. 

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Minutes City Council March 11, 2024 

RESULT: CLOSE ACTION

 

1. MAYOR’S REMARKS AND ITEMS OF COMMUNITY INTEREST 

The city held the annual Fire Department Awards Ceremony on Saturday, March 9th at the  Texarkana Texas Convention Center. It was a great event and well attended, including  

several council members. Fire personnel were thanked for their service and given well wishes  for continual safety as they perform their duties each day. 

Upcoming City Council Meetings 

Monday, March 25, 2024, at 6:00 p.m. 

Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

Monday, April 22, 2024 at 6:00 p.m. 

Parks & Recreation Activities: 

March 16th –17th USSSA Baseball Tournament Spring Lake Park/Swanger Complex March 21st– 23rd Dixie Huggins Tournament Spring Lake Park/Swanger Complex March 23rd TYSA Softball Tournament Karrh Park 

Additional Parks & Recreation information can be found on the city’s website at  

<http://www.texarkanatexas.gov>. 

Upcoming Show at the Perot Theatre 

March 26th at 7:00 p.m. – Janets Planet – A Tour of the Solar System – presented by TRAHC.  Tickets are available at perottheatre.org. 

Solarbration – Two States, Total Eclipse 

The “Solarbration” celebration will be held April 5-8, 2024. For a list of programs, activities,  and events, please visit solarbrationtxk.com. Council and staff enjoying the solar glasses a  little early! 

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Minutes City Council March 11, 2024 

1. OPEN FORUM: COMMENTS FROM THE PUBLIC 

Per Council rules, comment time is limited to five minutes, or ten minutes if using a translator. Before  comments are made, a speaker must complete an information sheet and give to the City Secretary. If your  comment pertains to an agenda item with a scheduled public hearing or public comment, the Council requires  that you make your comment at that time; you do not need to complete an information sheet. 

Mary Bruce asked for the status of the Capp Street extension project as outlined in the  

city’s Capital Improvement Plan. Capp Street is currently a dead end street and needs two  way flow to better serve the community in that neighborhood. 

1. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 

Council Member Meador recommended the reappointment of Brian Barry to the Permit and  Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

License Appeal Board. 

Mayor Bruggeman recommended the reappointment of Steven Kelley to the Permit and  License Appeal Board. 

Motion to make reappointments to the Permit and License Appeal Board. 

(6:16 p.m.) 

RESULT: ADOPTED [5 TO 0]  MOVER: Betty Williams, Ward 3  SECONDER: Mary Hart, Ward 2  AYES: Bruggeman, Hart, Williams, Meador, Davis  ABSENT: Page  AWAY: Matlock

 

VII. ITEMS FOR CONSIDERATION 

Consent Items 

(6:17 p.m.) 

RESULT: ADOPTED [5 TO 0]  MOVER: Mary Hart, Ward 2  SECONDER: Jay Davis, Ward 6  AYES: Bruggeman, Hart, Williams, Meador, Davis  ABSENT: Page  AWAY: Matlock

 

1. Consider approval of the minutes of the Regular Meeting of the City Council held on  February 26, 2024 at 6:00 PM. 

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Minutes City Council March 11, 2024 

2. Resolution No. 2024-031 authorizing the City Manager to execute a contract with  Hart Construction of Hooks, Texas, for the parking lot/road repair at the Wright  

Patman Water Treatment Plant in the amount not to exceed $61,325, with budgeted  

funds in the Lake Texarkana Water Supply Corporation Capital Improvement Fund. 

Public Hearing:  

Council Vote: March 11, 2024 

Action Items 

Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

[There were no Action Items considered at this meeting.] 

VIII. FIRST BRIEFINGS 

1. Ordinance No. 2024-021 amending the Zoning Code, Chapter 140, by adding Section  140-182, “Telecommunications Tower & Stealth Telecommunications Tower”, adding  corresponding definitions to Section 140-179 and corresponding uses to “Utility and  Service Uses” in Section 140-81, and adding compliance provisions to Section 140-108,  “Planned Development”. 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

Mashell Daniel briefed this agenda item. 

RESULT: MOVED FORWARD Next: 3/25/2024 6:00 PM

 

2. Ordinance No. 2024-028 amending the Zoning Code, Chapter 140, Article V – Special  District Regulations, Section 140-111, “UPDD University Planned Development  District”, by amending subsections 140-111(e) and 140-111(h) to provide for  “wayfinding guides” applicable for educational institutions. 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

Mashell Daniel briefed this agenda item. 

RESULT: MOVED FORWARD Next: 3/25/2024 6:00 PM

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3. Ordinance No. 2024-029 authorizing assignment pay for a Firefighter assigned to  specialized duties of Building Maintenance and Repair, and setting conditions and rate of  pay. 

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Minutes City Council March 11, 2024 

Public Hearing: March 25, 2024 

Council Vote: March 25, 2024 

Chris Black briefed this agenda item. 

RESULT: MOVED FORWARD Next: 3/25/2024 6:00 PM

 

4. Ordinance No. 2024-030 authorizing assignment pay for a Firefighter assigned to the  specialized duties of Deputy Emergency Management Coordinator, and setting conditions  and rate of pay. 

Public Hearing: March 25, 2024 

Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

Council Vote: March 25, 2024 

Chris Black briefed this agenda item. 

RESULT: MOVED FORWARD Next: 3/25/2024 6:00 PM

 

1. PUBLIC HEARINGS 
2. Resolution No. 2024-024 authorizing the City Manager to execute a contract with  Symmetry Sports (TIPS 230104-02) in the amount of $3,049,622, for construction at the  soccer complex located at Grady T. Wallace Park and allocating additional funds in the  amount of $150,000, for contingency items, for a total project cost not to exceed  $3,199,622 with funds budgeted in the 2023 Bond Fund (Fund 426) and the General Fund  (Fund 101). 

Public Hearing: March 11, 2024 

Council Vote: March 11, 2024 

Gene Joyce, of the Texarkana Soccer Association, spoke in favor of council adopting this  resolution. 

(6:31 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Jay Davis, Ward 6  SECONDER: Mary Hart, Ward 2  AYES: Bruggeman, Matlock, Hart, Williams, Meador, Davis  ABSENT: Page

 

2. Resolution No. 2024-025 authorizing the City Manager to execute a contract with  Symmetry Sports (TIPS 230104-02) in the amount of $7,884,710, for construction at  Swanger Complex located at Spring Lake Park and allocating additional funds in the  amount of $395,000, for contingency items, for a total project cost not to exceed  $8,279,710 with funds budgeted in the 2023 Bond Fund (Fund 426). 

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Minutes City Council March 11, 2024 

Public Hearing: March 11, 2024 

Council Vote: March 11, 2024 

Brandon Allison, of Texarkana Dixie Baseball, spoke in favor of council adopting this  resolution. 

(6:35 p.m.) 

RESULT: ADOPTED [UNANIMOUS]  MOVER: Jay Davis, Ward 6  SECONDER: Betty Williams, Ward 3  AYES: Bruggeman, Matlock, Hart, Williams, Meador, Davis  ABSENT: Page

 

Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

1. CITY MANAGER’S REPORT 

Cross Department Collaboration Teams Launch  

As part of city-wide goals for 2024, several cross-departmental staff collaboration teams  have been created, with different job responsibilities, to come together and work towards  common goals and solutions using the Strategic Doing model, championed locally by  Leadership Texarkana. Staff teams include a Neighborhood Solutions Team, Travel &  Tourism Team, Culture Champions Team, and a temporary team to help celebrate the 100- Year Anniversary of City Hall and the Perot Theatre.  

EPA Brownfields Job Training Kickoff Event 

Please join the City of Texarkana, Texas, Texarkana College, and EPA Brownfields Region 6  staff for an EPA Brownfields Job Training kickoff event on March 21st at 2:00 p.m., at the  McCullogh Industrial Technology Center (Texarkana College campus) to learn more about  this program and the benefits to the community. This job training program was made  possible by a $500,000 grant from the U.S. EPA Brownfields Program.  

Economic Development Quarterly Report – March  

The city’s latest quarterly economic development report is now available. It includes  

information on new developments that are planned, new retail announced/recently opened,  commercial construction permits, residential construction permits and much more. For more  information on the city’s economic development efforts, check out the economic  

development web page at Economic Development | Texarkana, TX – Official Website  

(texarkanatexas.gov) <https://texarkanatexas.gov/255/Economic-Development>.  

1. ADMINISTRATIVE COMMENTS 
2. City Council 

Council had no administrative comments for staff. 

2. City Staff 

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Minutes City Council March 11, 2024 

City Manager Orr thanked council for the supportive votes adopting the two resolutions  related to the 2023 Bond Fund and sports tourism for local parks that will move the city  forward.  

He also thanked city staff and the Symmetry Sports group for all the hard work put into  both recreational projects. 

XII. ADJOURNMENT 

A motion was made to adjourn the meeting. 

(6:38 p.m.) 

Minutes Acceptance: Minutes of Mar 11, 2024 6:00 PM (Consent Items)

RESULT: ADOPTED [UNANIMOUS]  MOVER: Betty Williams, Ward 3  SECONDER: Mary Hart, Ward 2  AYES: Bruggeman, Matlock, Hart, Williams, Meador, Davis  ABSENT: Page

 

Jennifer Evans  City Secretary 

Bob Bruggeman  Mayor 

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City of Texarkana, Texas 

Version: 

Briefing Sheet 

Update Date: 3/18/2024 9:35 AM 

Lead Department: Finance Department Action Officer: Kristin Peeples,  Subject: Resolution No. 2024-039 approving the budget calendar for Fiscal Year 2025. Briefing: 3/25/2024 Public Hearing: Council Vote: 3/25/2024 Item Schedule 

Updates/History of Briefing: 

Not Applicable 

Executive Summary and Background Information: 

The City charter requires the City Council to approve the calendar that sets the schedule for preparing  and adopting the City’s annual operating budget for the next fiscal cycle that will begin October 1,  2024 and end September 30, 2025.  

Potential Options: 

• Approve 
• Deny 

Fiscal Implications: 

None 

Staff Recommendation: 

Staff recommends approval 

Advisory Board/Committee Review: 

None 

Board/Committee Recommendation:  

Not Applicable 

Advisory Board/Committee Meeting Date and Minutes:  

Not Applicable 

Attachments 

1. 2024-039 RES Budget Calendar FY 2025 (DOCX) 
2. 2024-039 EXH ‘A’ Budget Calendar FY 25 (PDF) 
3. 2024-039 Goals & Perspectives (DOCX) 

1 of 2 

Packet Pg. 19

7.2 

City of Texarkana, Texas 

1. 2024-039 RES FY 2025 Budget Calendar signed (PDF) 

Staff Coordination 

Finance Department Kristin Peeples Department Head Review Completed 03/18/2024 9:35 AM 

Finance Department Kristin Peeples Finance Review Completed 03/18/2024  9:35 AM 

City Manager David Orr City Manager Review Completed 03/18/2024  10:34 AM 

City Council Jennifer Evans Meeting Completed 03/25/2024  6:00 PM 

Meeting History 

2 of 2 

Packet Pg. 20

7.2.a 

RESOLUTION NO. 2024-039 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS, APPROVING THE BUDGET CALENDAR FOR  

Attachment: 2024-039 RES Budget Calendar FY 2025 (4212 : 2024-039 RES Approving Budget Calendar FY 2025)

FISCAL YEAR 2025; AND ESTABLISHING AN EFFECTIVE DATE. 

WHEREAS, the City Charter requires the City Council to approve the calendar that sets the  schedule for preparing and adopting the City’s annual operating budget for the next fiscal cycle  that will begin October 1, 2024, and end September 30, 2025; and  

WHEREAS, the budget calendar for the fiscal year ending September 30, 2025, is attached as  “Exhibit A”. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS: 

SECTION 1: The budget calendar for the fiscal year ending September 30, 2025, is hereby  approved. 

SECTION 2: This Resolution shall be in full force and effect from and after its passage and  approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. ATTEST: 

__________________________________________ ________________________________ JENNIFER EVANS, CITY SECRETARY BOB BRUGGEMAN, MAYOR 

Packet Pg. 21 

Mon March 25 6:00 PM 

2024-039 EXH ‘A’7.2.b 

Budget Calendar 

Fiscal Year 2025 

Attachment: 2024-039 EXH ‘A’ Budget Calendar FY 25 (4212 : 2024-039 RES Approving Budget Calendar FY 2025)

City Council approves budget calendar  

March/April Departmental budget meetings 

May/June Various meetings with Budget Advisory Committee and City Council Fri August 9 Budget filed with municipal clerk 

Mon August 12 6:00 PM First briefing on proposed budget 

First briefing on proposed tax rate 

First briefing on ratifying a budget that raises more tax revenue than last year 

Record vote to publish notice of tax rate increase 

 (This is only to provide notice to the public and not to adopt the tax rate) 

Wed August 14 Notice of public hearing on proposed budget 

Mon August 26 6:00 PM Public hearing on proposed budget 

 (Law requires action to be taken after the public hearing.  

 Recommendation will be to postpone until the September 11th meeting) 

Wed September 4 Notice of public hearing on proposed tax rate 

Mon September 9 6:00 PM Public hearing on proposed tax rate 

Public hearing on ratifying a budget that raises more tax revenue than last year 

Record vote for adoption of budget 

Record vote for adoption of tax rate 

Record vote to ratify budget that raises more tax revenue than last year 

Tues October 1 Fiscal year begins 

Adopted budget implemented 

Fri December 6 Final budget document posted, distributed and submitted to Government Finance Officers Association (GFOA) 

 

Packet Pg. 22 

7.2.c 

City of Texarkana, Texas  

Developing Perspectives and Goals Pending Approval by the City Council:   Perspectives Goals

Serve the Community Promote an Environmentally Sensitive & Livable Community Provide a Safe Community  Deliver Quality Services  Foster a Healthy Community

Run the Operations Enhance Community Preparedness & Responsiveness Maximize Partnership Opportunities  Provide Courteous & Responsive Customer Service  Model a Positive City Image  Deliver Efficient Services  Cultivate Community Involvement & Access

Manage the Resources Maintain Fiscal Strength  Maximize Utilization & Resources  Invest in Infrastructure & Transportation

Develop Personnel Develop a Skilled & Diverse Workforce  Create a Positive & Rewarding Work Culture

 

Attachment: 2024-039 Goals & Perspectives (4212 : 2024-039 RES Approving Budget Calendar FY 2025)

Perspectives and Goals Additional Comments:  

NONE 

Resource Impact:  

Staff time required if item is approved: No Additional 

Other Potential Impacts:  

NONE APPLICABLE 

Public Information Plan:  

 

Newspaper Notice (Required by Statute)

Public Forum/Input Session

E-News Distribution

Social Media (Twitter, Facebook, etc.)

Flyers Posted

Survey

None Required

 

Other:  

Public Hearing (Required by Statute) 

Press Release 

Website Notice 

Special Mailing 

Banners Posted 

Automated Phone Call 

1 of 1 

Packet Pg. 23 

7.2.d 

RESOLUTION NO. 2024-039 

Attachment: 2024-039 RES FY 2025 Budget Calendar signed (4212 : 2024-039 RES Approving Budget Calendar FY 2025)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS, APPROVING THE BUDGET CALENDAR FOR FISCAL YEAR 2025; AND ESTABLISHING AN EFFECTIVE DATE. 

WHEREAS, the City Charter requires the City Council to approve the calendar that sets the schedule for preparing and adopting the City’ s annual operating budget for the next fiscal cycle that will begin October 1, 2024, and end September 30, 2025; and 

WHEREAS, the budget calendar for the fiscal year ending September 30, 2025, is attached as Exhibit A”. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS: 

SECTION 1: The budget calendar for the fiscal year ending September 30, 2025, is hereby approved. 

SECTION 2: This Resolution shall be in full force and effect from and after its passage and approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. A TEST:–* 

11 12ul 

J E” – E ANS, CIT SEC’ TARY BOB BRUGGE AN, MAYOR 

Packet Pg. 24 

7.2.d 

2024- 039 EXH ‘ A’ 

Budget Calendar 

Attachment: 2024-039 RES FY 2025 Budget Calendar signed (4212 : 2024-039 RES Approving Budget Calendar FY 2025)

Fiscal Year 2025 

Mon March 25 6: 00 PM City Council approves budget calendar 

March/ April Departmental budget meetings 

May/ June Various meetings with Budget Advisory Committee and City Council Fri August 9 Budget filed with municipal clerk 

Mon August 12 6: 00 PM First briefing on proposed budget 

First briefing on proposed tax rate 

First briefing on ratifying a budget that raises more tax revenue than last year 

Record vote to publish notice of tax rate increase 

This is only to provide notice to the public and not to adopt the tax rate) 

Wed August 14 Notice of public hearing on proposed budget 

Mon August 26 6: 00 PM Public hearing on proposed budget 

Law requires action to be taken after the public hearing. 

Recommendation will be to postpone until the September 11th meeting) 

Wed September 4 Notice of public hearing on proposed tax rate 

Mon September 9 6: 00 PM Public hearing on proposed tax rate 

Public hearing on ratifying- a budget that raises more tax revenue than last year 

Record vote for adoption of budget 

Record vote for adoption of tax rate 

Record vote to ratify budget that raises more tax revenue than last year 

Tues October 1 Fiscal year. begins 

Adopted budget implemented 

Fri December 6 Final budget document posted,, distributed and submitted to Government Finance Officers Association( GFOA) 

Packet Pg. 25 

7.3 

City of Texarkana, Texas 

Version: 

Briefing Sheet 

Planning and Community  

Update Date: 3/22/2024 3:56 PM 

Lead Department: Subject: 

Development Action Officer: Vashil Fernandez, PCD Director  Resolution No. 2024-040 authorizing the City Manager to execute a contract  with Contech Contractors, Inc. of Texarkana, Texas, for an amount not to  exceed $80,852.20, for the bus stop shelter project, with Community  Development Block Grant (CDBG) funds. 

Briefing: 3/25/2024 Public Hearing: Council Vote: 3/25/2024 

Item Schedule 

Schedule 3: No briefing required (one week) 

Updates/History of Briefing: 

Executive Summary and Background Information: 

Date of Invitation for Bid (IFB 24-2001-03) posted on website: January 25, 2024 

Published in Texarkana Gazette 

Opened bids: February 14, 2024 

Bids received: Contech Contractors, Inc 

Lowest Responsive Bidder: Contech Contractors, Inc – See EXH “A” 

Budget: Community Development Block Grant CDBG  

Policy Exceptions: None 

Scope of Work: This project consists of a Bus top shelters and concrete pad for 14th and Magnolia  (inbound), Rosehill Drive and Citizen Trail ,7th Street and Lake Drive, Lake Drive and Allen  Lane and 15th Street and Apple . 

Potential Options: 

• Approve 
• Deny 

Fiscal Implications: 

Community Development Block Grant CDBG  

Staff Recommendation: 

Staff Recommends for Approval 

Advisory Board/Committee Review: 

“NONE” 

Board/Committee Recommendation:  

1 of 2 

Packet Pg. 26

7.3 

City of Texarkana, Texas 

“NOT APPLICABLE” 

Advisory Board/Committee Meeting Date and Minutes:  

“NOT APPLICABLE” 

Attachments 

1. 2024-040 RES Approving Bus Stop Shelter Project Contract with Contech 

(DOCX) 

1. 2024-040 EXH ‘A’ Bid Amount (PDF) 
2. 2024-040 EXH ‘B’ 5 Locatons for Bus Shelters (PDF) 
3. 2024-040 Goals & Perspectives (DOCX) 
4. 2024-040 RES Bus Stop Shelter Proj. signed(PDF) 

Staff Coordination 

Planning and Community Development Vashil Fernandez Department Head Review Completed 03/19/2024 12:55 PM 

Public Works Department Angela Humphrey Reviewer Completed 03/19/2024 1:26 PM 

City Manager David Orr City Manager Review Completed 03/19/2024  1:44 PM 

City Council Jennifer Evans Meeting Completed 03/25/2024  6:00 PM 

Meeting History 

2 of 2 

Packet Pg. 27

7.3.a 

Attachment: 2024-040 RES Approving Bus Stop Shelter Project Contract with Contech (4213 : 2024-040 RES Approving Bus Stop Shelter

RESOLUTION NO. 2024-040 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF  

TEXARKANA, TEXAS, AUTHORIZING THE CITY MANAGER TO  

EXECUTE A CONTRACT WITH CONTECH CONTRACTORS, INC.  

OF TEXARKANA, TEXAS, IN AN AMOUNT NOT TO EXCEED 

EIGHTY THOUSAND EIGHT HUNDRED FIFTY-TWO DOLLARS 

AND TWENTY CENTS ($80,852.20) FOR THE BUS STOP SHELTERS  

AND CONCRETE PADS PROJECT TO BE PAID FROM THE 

COMMUNTY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS; AND  

ESTABLISHING AN EFFECTIVE DATE. 

WHEREAS, the City is creating enhancements to 14th and Magnolia (inbound), Rosehill Drive  and Citizen Trail ,7th Street and Lake Drive, Lake Drive and Allen Lane and 15th and Apple Streets  with new bus stop shelters and concrete pads being installed; and 

WHEREAS, on February 14, 2024, one (1) bid was received and Contech Contractors, Inc. of  Texarkana, Texas, submitted the lowest and most responsible bid summarized on the bid tab sheet  (Exhibit ‘A’); and 

WHEREAS, funds are available for this bus stop shelters and concrete pads project in the CDBG funds. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS: 

SECTION 1: The lowest and most responsible bidder for bus stop shelters and concrete pads for  the City is hereby declared to be Contech Contractors, Inc. of Texarkana, Texas. 

SECTION 2: The City Manager is hereby authorized to execute a contract with Contech  Contractors, Inc. of Texarkana, Texas, in an amount not to exceed $80,852.20, with CDBG funds. 

SECTION 3: This resolution shall be in full force and in effect from and after its passage and  approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. 

__________________________________________ _________________________________ JENNIFER EVANS, CITY SECRETARY BOB BRUGGEMAN, MAYOR 

Packet Pg. 28 

2024-040 EXH ‘A’7.3.b 

Attachment: 2024-040 EXH ‘A’ Bid Amount (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 29 

2024-040 EXH ‘B’7.3.c 

Attachment: 2024-040 EXH ‘B’ 5 Locatons for Bus Shelters (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 30 

2024-040 EXH ‘B’7.3.c 

Attachment: 2024-040 EXH ‘B’ 5 Locatons for Bus Shelters (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 31 

2024-040 EXH ‘B’7.3.c 

Attachment: 2024-040 EXH ‘B’ 5 Locatons for Bus Shelters (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 32 

2024-040 EXH ‘B’7.3.c 

Attachment: 2024-040 EXH ‘B’ 5 Locatons for Bus Shelters (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 33 

2024-040 EXH ‘B’7.3.c 

Attachment: 2024-040 EXH ‘B’ 5 Locatons for Bus Shelters (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 34 

7.3.d 

City of Texarkana, Texas 

Developing Perspectives and Goals Pending Approval by the City Council:   Perspectives Goals

Serve the Community Promote an Environmentally Sensitive & Livable Community Provide a Safe Community  Deliver Quality Services  Foster a Healthy Community

Run the Operations Enhance Community Preparedness & Responsiveness Maximize Partnership Opportunities  Provide Courteous & Responsive Customer Service  Model a Positive City Image  Deliver Efficient Services  Cultivate Community Involvement & Access

Manage the Resources Maintain Fiscal Strength  Maximize Utilization & Resources  Invest in Infrastructure & Transportation

Develop Personnel Develop a Skilled & Diverse Workforce  Create a Positive & Rewarding Work Culture

 

Perspectives and Goals Additional Comments:  

Resource Impact:  

Staff time required if item is approved: No Additional Other Potential Impacts:  

Public Information Plan:  

Newspaper Notice (Required by Statute)

Public Forum/Input Session

E-News Distribution

Social Media (Twitter, Facebook, etc.)

Flyers Posted

Survey

None Required

 

Other:  

Public Hearing (Required by Statute) Press Release 

Website Notice 

Special Mailing 

Banners Posted 

Automated Phone Call 

1 of 1 

Attachment: 2024-040 Goals & Perspectives (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

Packet Pg. 35 

7.3.e 

RESOLUTION NO. 2024- 040 

Attachment: 2024-040 RES Bus Stop Shelter Proj. signed (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 

TEXARKANA, TEXAS, AUTHORIZING THE CITY MANAGER TO 

EXECUTE A CONTRACT WITH CONTECH CONTRACTORS, INC. 

OF TEXARKANA, TEXAS, IN AN AMOUNT NOT TO EXCEED 

EIGHTY THOUSAND EIGHT HUNDRED FIFTY- TWO DOLLARS 

AND TWENTY CENTS ($ 80,852.20) FOR THE BUS STOP SHELTERS 

AND CONCRETE PADS PROJECT TO BE PAID FROM THE 

COMMUNTY DEVELOPMENT BLOCK GRANT( CDBG) FUNDS; AND 

ESTABLISHING AN EFFECTIVE DATE. 

WHEREAS, the City is creating enhancements to 14th and Magnolia ( inbound), Rosehill Drive and Citizen Trail, 7th Street and Lake Drive, Lake Drive and Allen Lane and 15th and Apple Streets with new bus stop shelters and concrete pads being installed; and 

WHEREAS, on February 14, 2024, one ( 1) bid was received and Contech Contractors, Inc. of Texarkana, Texas, submitted the lowest and most responsible bid summarized on the bid tab sheet Exhibit ` A’); and 

WHEREAS, funds are available for this bus stop shelters and concrete pads project in the CDBG funds. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS: 

SECTION 1: The lowest and most responsible bidder for bus stop shelters and concrete pads for the City is hereby declared to be Contech Contractors, Inc. ofTexarkana, Texas. 

SECTION 2: The City Manager is hereby authorized to execute a contract with Contech Contractors, Inc. of Texarkana, Texas, in an amount not to exceed $ 80, 852. 20, with CDBG funds. 

SECTION 3: This resolution shall be in full force and in effect from and after its passage and approval. 

PASSED- AND’ APPROVED in Regular Council Session on this the 25th day of March, 2024. jJE I EVA S, CITY\ Ec RETARY BOB BRUGGEM , MAYOR 

Packet Pg. 36 

7.3.e 

2024- 040 EXH ‘ A’ 

IFB# 24- 2001- 03 Bus Stop Shelters and Concrete Pads 

BID FORM 

Item# Description Est. Qty U/ M Unit Cost Ext. Amount 

Attachment: 2024-040 RES Bus Stop Shelter Proj. signed (4213 : 2024-040 RES Approving Bus Stop Shelter Project)

1Concrete Pad and 141,415 EA $ 1 yy $  

Installation of Shelters 3 S 7.72. ZO 

1. u) 

2 Shelters 5 STA $ q 30/`. 00 $ y G , 0.00 

TOTAL BID AMOUNT $ ? DI qSZ• 2_ 0 

1/ ” 

BIDDER’ S SIGNATU 

The Bidder, in compliance with your Invitation for Bid for the construction and installation of the Bus Stop Shelters and Concrete Pads, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated above. 

It shall be each bidder’ s sole responsibility to inspect the site of the work and to inform himself 

regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. 

SCOPE OF SERVICES 

The City is looking to install four- five( 4- 5) Bus Stop Shelters throughout the City of Texarkana, Texas. This project will be a two- step process. Concrete slab for foundation and a Metal constructed shelter anchored into the slab. 

CONCRETE SLAB 

Each Concrete Slab shall be 11 feet long by 6 feet wide. Depth of slab shall be 4 inches deep, with# 3 rebar on 12- inch centers. 

SHELTER 

Each Shelter shall have a 7 feet head clearance with a 9X5 wide opening. Each Shelter shall contain a bench and backrest( approximately 5 feet long). A Handicap opening area under Shelter at 2X3. 

THI1F.ORM IVIUSTiBE d O:MP.LETED AND R,ETURNEDIWITH YYOOU IBIDISUBMITTAL 

Page 4 of 42 

Packet Pg. 37 

7.4 

City of Texarkana, Texas 

Version: 

Briefing Sheet 

Planning and Community  

Update Date: 3/20/2024 4:07 PM 

Lead Department: Subject: 

Development Action Officer: Vashil Fernandez, PCD Director  Resolution No. 2024-041 authorizing the City Manager to execute an Advance  Funding Agreement (AFA) with the Texas Department of Transportation for a  Transportation Alternative Set-Aside (SA) Program for the Leopard Drive  Shared Use Path and Pedestrian Improvement project. 

Briefing: 3/25/2024 Public Hearing: Council Vote: 3/25/2024 

Item Schedule 

Schedule 3: No briefing required (one week) 

Updates/History of Briefing: 

NOT APPLICABLE 

Executive Summary and Background Information: 

The Texas Department of Transportation (TxDOT) issued a call for projects in December 2022 for communities to apply for funding assistance through the Transportation Alternatives Set Aside (TA) Programs.  

On June 20, 2023, via Resolution 2023-078, the City Council supported the application for the  Leopard Drive Pedestrian Improvements Project. In October 2023, TxDOT authorized the TA  funds to the city for the Leopard Drive shared-use path & Pedestrian Improvements Project. As  the Project Sponsor, the city is responsible for all non-reimbursable costs and 100% of  overruns, if any, for TA funds. The total project estimate is $1,910,952 

The City has received an advance funding agreement to be signed by the city manager, for the  city to begin the project.  

Potential Options: 

• Approve 
• Deny 

Fiscal Implications: 

Transportation Development Credits (TDC) are being utilized in place of the Local  Government’s participation, which was 20% match. The City is responsible for all non reimbursable cost and 100% of overruns, if any, for TA funds. 

Staff Recommendation: 

Recommends for Approval 

1 of 2 

Packet Pg. 38

7.4 

City of Texarkana, Texas 

Advisory Board/Committee Review: 

NONE 

Board/Committee Recommendation:  

NOT APPLICABLE 

Advisory Board/Committee Meeting Date and Minutes:  

NOT APPLICABLE 

Attachments 

1. 2024-041 RES Executing Advance Funding Agreement with TxDOT for Leopard drive (DOCX) 
2. 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (PDF) 
3. 2024-041 ATTH 02 Leopard drive map (PDF) 
4. 2024-041 Goals & Perspectives (DOCX) 
5. 2024-041 RES AFA w TxDOT Leopoard Dr signed (PDF) 

Staff Coordination 

Planning and Community Development Vashil Fernandez Department Head Review Completed 03/19/2024 3:54 PM 

Public Works Department Angela Humphrey Reviewer Completed 03/20/2024 7:28 AM 

City Manager David Orr City Manager Review Completed 03/20/2024  7:53 AM 

City Council Jennifer Evans Meeting Completed 03/25/2024  6:00 PM 

Meeting History 

2 of 2 

Packet Pg. 39

7.4.a 

Attachment: 2024-041 RES Executing Advance Funding Agreement with TxDOT for Leopard drive (4214 : 2024-041 RES Executing Advance

RESOLUTION NO. 2024 – 041 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS, AUTHORIZING EXECUTION OF AN ADVANCE  FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF  TRANSPORTATION FOR A TRANSPORTATION ALTERNATIVES SET 

ASIDE “TA” PROGRAM, FOR THE LEOPARD DRIVE PEDESTRIAN  IMPROVEMENT PROJECT; AND ESTABLISHING AN EFFECTIVE  DATE. 

WHEREAS, the City of Texarkana, Texas (the City), was recently selected for a Shared Use Path  and Pedestrian Improvements Project on Leopard Drive as part of Texas Department of  Transportation’s (TxDOT) Transportation Alternatives Set-Aside “TA” Program; and 

WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023-078 showing  support of the application for the Leopard Drive Shared Use Path and Pedestrian Improvement Project (the Project) to TxDOT; and 

WHEREAS, on October 26, 2023, the Texas Transportation Commission authorized, by Minute  Order 116575, the Project to receive TA funds for project construction; and  

WHEREAS, the City would be responsible for all non-reimbursable costs and 100% of overruns,  if any, for TA funds; and 

WHEREAS, the City desires to reaffirm its support of the Project and approve and authorize the  execution of an Advance Funding Agreement (AFA) with TxDOT for the Project. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS: 

SECTION 1: The City Manager is hereby authorized to execute an Advance Funding Agreement  with the Texas Department of Transportation for the Leopard Drive Pedestrian Improvement  Project. 

SECTION 2: This Resolution shall be in full force and effect from and after its passage and  approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. ATTEST: 

____________________________________________ _____________________________ JENNIFER EVANS, CITY SECRETARY BOB BRUGGEMAN, MAYOR 

Packet Pg. 40 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

STATE OF TEXAS § 

COUNTY OF TRAVIS § 

ADVANCE FUNDING AGREEMENT 

FOR A TRANSPORTATION ALTERNATIVES  

SET-ASIDE (TASA) PROGRAM PROJECT 

Utilizing State Transportation Development Credits 

TxDOT-Selected On-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 City of Texarkana (Local Government), acting through its duly authorized  officials. 

WITNESSETH 

WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and 

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  political subdivision, and 

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  Texas, and 

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 43 TAC, Rules 15.50-15.56 that  describe federal, state, and local responsibilities for cost participation in highway improvement and  other transportation projects, 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,  Subchapter G, §§11.400 – 11.418, and 

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  described as Leopard Drive Shared Use Path and Pedestrian Improvements (Project), and 

Page 1 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 41 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number  116575 (MO) dated October 26, 2023 awarding funding for TASA projects in the TASA Program Call  of the State, including Project, and 

WHEREAS, the governing body of the Local Government has approved entering into this Agreement  by resolution or ordinance dated {enter date of resolution}, 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 of this Agreement, and 

NOW, THEREFORE, the State and the Local Government agree as follows: 

AGREEMENT 

1. Period of Agreement and Performance 
2. 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 

effect until terminated as provided below. 

1. Period of Performance. 
2. 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 

(SLOA) for that phase of work. 

2. The Performance Period for each phase of work ends on the date specified in 

the FPAA for that phase of work. 

2. Scope of Work and Use of Project 
3. The scope of work for Project consists of constructing a shared use path on the east side of FM 3527 (Leopard Dr) from Wallace Park to SH 93 (Lake Dr) and a sidewalk on the north side of SH 93 from FM 3527 to Lake Ridge Apartments. This project also 

includes pedestrian crossing signals, pavement markings, signage, and safety lighting. B. 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. 

3. Project Sources and Uses of Funds 

The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). 

1. If Local Government will perform any work under this Agreement for which 

reimbursement will be provided by or through the State, the Local Government must 

Page 2 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 42 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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  

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  Project. 

1. The total estimated project cost as shown in Attachment B incudes the Local 

Government’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 in 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 

Match Reporting form. 

1. 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. 

1. 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 to meet the funding commitments based on revisions to the TASA, FPAA, or other 

federal documents. 

1. 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 eligible for reimbursement. 

1. 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 

Page 3 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 43 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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). 

1. 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  

payments have been approved by the State. 

1. 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 Government is determined to be ineligible  for federal participation; or (4) the adjustment is mutually agreed to by the State and the  Local Government. 

1. 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  B for plan review. At least 60 days prior to the date set for receipt of the construction  

bids, Local Government shall remit its remaining local match as specified in Attachment  B for State’s estimated construction oversight and construction cost. 

1. 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 Government will make payment to State within 30 days from receipt of State’s  

written notification. 

1. 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  may only be applied by State to Project. 

1. 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  by the owing party. 
2. In 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. 
3. If any 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 

or re-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 mean the total expenses in acquiring the property interests  through negotiations, including, but not limited to, expenses related to relocation,  

removal, and adjustment of eligible utilities. 

Page 4 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 44 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. 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 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 the state auditor 

with access to any information the state auditor considers relevant to the investigation  or audit. 

1. State will not pay interest on any funds provided by Local Government. 
2. 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  

Agreement. 

1. 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 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  if federal funding is reduced as a result, State shall have no responsibility to reimburse  Local Government for those costs. 

1. If Local 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  those adjustments. 

4. Termination of the Agreement 
5. This Agreement may be terminated by any of the following conditions: 
6. By mutual written consent and agreement of all parties; 
7. By any party with 90 days written notice; or 
8. 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  

be paid by the breaching party. 

1. 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. 

1. The Agreement may be 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  

termination; 

Page 5 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 45 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. If Local Government 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. 
2. 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  be eliminated from the program, and this Agreement terminated, if: 
3. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 – 

11.418. 

2. 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. 

3. Local Government withdraws from participation in Project. 
4. State determines that federal funding may be lost due to Project not being  

implemented and completed. 

5. Funds are not appropriated, in which case this Agreement shall be terminated  immediately with no liability to either party. Payment under this Agreement 

beyond the current fiscal biennium is subject to availability of appropriated  

funds. 

6. 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  

Local Government. 

7. Local Government fails to attend progress meetings at least twice yearly, as  

scheduled by State. 

1. State, at its sole discretion, may terminate this Agreement if State does not receive  project invoice from Local Government within 270 days of FPAA. 
2. 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  Agreement and shall be cumulative. 

7. Utilities 

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 Government’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  if they are eligible for federal reimbursement. Local Government must obtain advance approval  Page 6 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 46 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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  cost for which reimbursement is sought. 

8. Environmental Assessment and Mitigation 

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 aid projects. 

1. The State is responsible for the identification and assessment of any environmental  problems associated with the development of Project. 
2. 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  

Government’s financial share of Project unless specified in the nomination form and  

approved by State or MPO in consultation with State. 

1. 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. 

1. Before the advertisement for bids, Local Government shall provide to State written  documentation from the appropriate regulatory agency or agencies that all  

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 
11. Architectural and engineering services for preliminary engineering will be provided by  the State. 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 

1. 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  

Page 7 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 47 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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 Officials’ (“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. 

1. When architectural and engineering services are provided by or through Local 

Government, Local Government 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. 

1. When architectural and engineering services are provided by or through State, then the  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 
12. The State 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 be authorized  by State prior to advertising for construction. 

1. 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  

State or by Local Government. 

1. All contract change order review and approval procedures must be approved by State prior to start of construction. 
2. If the Local Government is the responsible party, the State must review and approve  change orders. 
3. Upon completion of Project, the party constructing Project will issue and sign a “Notification of Completion” acknowledging Project’s construction completion. 
4. 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, a finding of cost effectiveness shall be made in compliance with  23 CFR Subpart 635.B. 

Page 8 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 48 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. 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  

contractor. 

12. Project Maintenance 
13. 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 Government 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 

2 CFR Part 200 federal recapture requirements. Should Local Government 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  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  

property, as applicable. 

1. 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  

any warranties under this Agreement. 

1. 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 according to this provision  

shall be expended using accounting procedures and with the property management  

standards established in 2 CFR Part 200. 

1. 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  

Project. 

13. Right of Way and Real Property Acquisition 

Page 9 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 49 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. Right of way and real property acquisition shall be 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  

property.  

1. If Local 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  

site to perform all activities required to execute the work. 

1. Local Government will comply with and assume the costs for compliance with all the  requirements of Title II and Title III 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  review and inspection. 

1. 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.  Local Government shall be responsible for securing any additional real property  

required for completion of Project.  

1. 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  

approval prior to Local Government acquiring the real property. Tracings of the maps  

shall be retained by Local Government for a permanent record. 

1. 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 a tabulation of the values so determined, signed by the appropriate Local  

Government 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  

Government in performing this work may be eligible for reimbursement after Local  

Government has received written authorization by State to proceed with determination  of real 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  

projects. 

1. For State-selected TASA projects, Local Government shall not use eminent domain or  condemnation to acquire real property for this TASA Project. 
2. Reimbursement for real property costs will be made to Local Government for real  property purchased in an amount not to exceed 80 percent of the cost of the real  

Page 10 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 50 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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. 

1. 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  these costs. 

1. If Project requires the use of real property to which Local Government will not hold title,  a 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 43 Tex. 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  

agreement shall be provided to State. 

1. Local Government shall execute individually or produce a legal document as necessary  to 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. 
2. 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  of the Federal funds, as appropriate. 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  

Project’s continued use and upkeep. 

1. Before the advertisement for bids, Local Government shall provide a certification to  State that all real property has been acquired. 
2. Insurance 
3. 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. 

Page 11 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 51 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. For projects including buildings, Local Government agrees to insure the building  according to Department specifications and further agrees to name the Federal  

Government as a “Loss Payee” should the building be destroyed. 

15. Notices, Invoices, Payments, and Project Inquiries 

All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage  prepaid, addressed to that party at the following address: 

Local Government:  City of Texarkana  ATTN: City Manager  220 Texas Boulevard  Texarkana, Texas 75504

State:  Texas Department of Transportation ATTN: Director of Contract Services 125 E. 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  out by the other party. 

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: 

Texas Department of Transportation 

ATTN: Director of Transportation Planning and Development 

701 E. Main Street  

Atlanta, Texas 75551 

All invoicing, payment, and project inquiries must include the following information: 

County: Bowie 

Local Government: City of Texarkana 

CSJ No.: 3591-01-006 

Project Name: Leopard Drive Shared Use Path and Pedestrian Improvements Highway or Roadway: FM 3527 (Leopard Drive) 

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 if it 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 its individual acts and deeds as well as the acts and deeds of its contractors, employees,  representatives, and agents. 

Page 12 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 52 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

18. Ownership of Documents 

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  property of Local Government. 

19. Document and Information Exchange 

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  submit any information required by State in the format directed by State. 

20. Compliance with Laws 

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  shall furnish State with satisfactory proof of this compliance. 

21. Sole Agreement 

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 matter. 

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, and allocable to Project. 

23. Procurement and Property Management Standards 

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 funds. 

24. Inspection of Books and Records 

Page 13 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 53 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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  transcriptions. 

25. Civil Rights Compliance 

The parties to this Agreement are responsible for the following: 

1. 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. 

1. 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  forth in Appendix B of 49 CFR Part 21. 

1. 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. 

1. 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.  

1. 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 appropriate, including, but  

not limited to: 

Page 14 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 54 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. withholding of payments to the Local Government under the Agreement until the  

Local Government complies and/or  

2. cancelling, terminating, or suspending of the Agreement, in whole or in part. 
3. 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 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 authorities;  including but not limited to: 

21. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 
22. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,  (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property  has been acquired because of federal or federal-aid programs and projects). 
23. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits  discrimination on the basis of sex). 
24. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,  (prohibits discrimination on the basis of disability); and 49 CFR Part 27. 
25. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits  discrimination on the basis of age). 
26. 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  

sex). 

1. 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). 

1. 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 (42 U.S.C. §§  

12131-12189) as implemented by Department of Transportation regulations at 49  

C.F.R. Parts 37 and 38. 

Page 15 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 55 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

1. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123)  (prohibits discrimination on the basis of race, color, national origin, and sex). 
2. 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. 

1. 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). 

1. 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. 1681  et seq.). 
2. Disadvantaged Business Enterprise Program Requirements 
3. The parties shall comply with the Disadvantaged Business Enterprise (“DBE”) Program  requirements established in 49 CFR Part 26. 
4. Local Government shall adopt, in its totality, State’s federally approved DBE program. C. Local Government 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. 
5. 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 Federally-Approved Disadvantaged Business 

Enterprise by Entity, and attachments found at web address:  

http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf. 

26. Local Government shall not discriminate on the basis of race, color, national origin, or  sex in the award and performance of any DOT-assisted contract or in the administration  of 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 in this Agreement. Implementation of this program is a legal obligation and  

failure to carry out 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  

Civil Remedies Act of 1986 (31 USC § 3801 et seq.). 

1. Each contract Local Government 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  

Page 16 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 56 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

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 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 contract, subcontract, or purchase order awarded under this  Agreement to certify its eligibility to receive federal funds and, when requested by State, to  furnish a copy of the certification. 

If 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, Chapter 9, Subchapter G. 

29. Lobbying Certification 

In executing this Agreement, each signatory certifies to the best of that signatory’s knowledge  and belief, that: 

1. 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 contract, grant, loan, or cooperative  

agreement. 

1. If any 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  

instructions. 

1. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and  

contracts under grants, loans, and cooperative agreements) and all sub-recipients shall  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  

Page 17 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 57 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

fails to file the required certification shall be subject to a civil penalty of not less than  

$10,000 and not more than $100,000 for each such failure. 

30. Federal Funding Accountability and Transparency Act Requirements 
31. 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://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and 

http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. 

1. Local Government agrees that it shall: 
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: https://sam.gov/SAM/pages/public/index.jsf 

2. 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 http://fedgov.dnb.com/webform;  

and 

3. 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 

1. The compensation information is not already available through reporting  

to the U.S. Securities and Exchange Commission. 

31. Single Audit Report 
32. 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 2 CFR Part 200. 
33. If threshold 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  

TxDOT’s Compliance Division at singleaudits@txdot.gov .  

1. If expenditures are less than the threshold during Local Government’s fiscal year, Local Government must submit a statement to TxDOT’s Compliance Division as follows: We  did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______. 
2. For each year Project remains open for federal funding expenditures, 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 Project has been formally closed out and no charges have been  incurred within the current fiscal year. 

32. Signatory Warranty 

Page 18 of 19 

AFA TASA Rev. 1/23/2024 Packet Pg. 58 

7.4.b 

TxDOT::						Federal Highway Administration:2024-041 ATTH 01
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 – ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

Each signatory warrants that the signatory has necessary 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 

Signature Signature 

Kenneth Stewart David Orr 

Typed or Printed Name Typed or Printed Name 

Director of Contract Services City Manager 

Typed or Printed Title Typed or Printed Title 

Date Date 

Page 19 of 19 

AFA TASA Rev. 1/23/2024 

Packet Pg. 59 

2024-041 ATTH 017.4.b 

TxDOT::						Federal Highway Administration:
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 –  ATL	Code Chart 64#		42250 – City of  Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

ATTACHMENT A 

PROJECT LOCATION MAP 

Page 1 of 1 

AFA TASA Attachment A  

Packet Pg. 60 

2024-041 ATTH 017.4.b 

TxDOT::						Federal Highway Administration:
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 –  ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing

ATTACHMENT B 

PROJECT ESTIMATE AND SOURCE OF FUNDS 

State Performs PE Work or Hires Consultant / State Lets Project for Construction 

Work Performed by Local Government (“LG”)
Description of  Project Costs to be Incurred			Total Project  Cost Estimate	Federal Participation  Includes percentage for TDC  apportionment on projects where  applicable		State Participation  Includes authorized  EDC amounts		Local Government  Participation  Includes authorized  TDC reduction
				%	Cost	%	Cost	%	Cost
Planning/Maps/Education/Non-CST			$0	0%	$0	0%	$0	0%	$0
Preliminary Engineering			$0	0%	$0	0%	$0	0%	$0
Environmental Cost			$0	0%	$0	0%	$0	0%	$0
Right of Way			$0	0%	$0	0%	$0	0%	$0
Utilities			$0	0%	$0	0%	$0	0%	$0
Construction Cost		$	$0	0%	$0	0%	$0	0%	$0
Construction   Engineering Cost		$
Eligible In-Kind   Contribution Value		$
Total Construction Value   (sum of construction cost and in-kind value)
Work by LG Subtotal			$0	$0		$0		$0
Work Performed by the State (Local Participation paid up front by LG to TxDOT)
Preliminary Engineering1			$147,500	100%	$147,500	0%	$0	TDCs	29,500
Environmental Cost1			$0	0%	$0	0%	$0	0%	$0
Right of Way3			$0	0%	$0	0%	$0	0%	$0
Utilities2			$0	0%	$0	0%	$0	0%	$0
Construction Cost2	$1,567,115		$1,567,115	100%	$1,567,115	0%	$0	TDCs	313,423

 

AFA TASA Page 1 of 3 Attachment B 1/23/2024 

Packet Pg. 61 

2024-041 ATTH 017.4.b 

TxDOT::						Federal Highway Administration:
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 –  ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing

Eligible In-Kind   Contribution Value	$
Total Construction Value   (sum of construction cost and in-kind value)
Work by State Subtotal		$1,714,615	$1,714,615		$0		342,923
Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight
Description of  Project Costs to be Incurred		Total Project  Cost Estimate	Federal Participation  Includes percentage for TDC  apportionment on projects where  applicable		State Participation  Includes authorized  EDC amount		Local Government (LG) Participation  Includes authorized  TDC reduction
			%	Cost	%	Cost	%	Cost
Preliminary Engineering1		$29,451	100%	$29,450.60	0%	$0	TDCs	5,890
Environmental Cost1		$19,634	100%	$19,633.73	0%	$0	TDCs	3,927
Right of Way1		$5,890	100%	$5,890.12	0%	$0	TDCs	1,178
Utilities1		$3,927	100%	$3,926.75	0%	$0	TDCs	785
Construction2		$137,436	100%	$137,436	0%	$0	TDCs	27,487
Direct State Costs Subtotal		$196,337	100%	$196,337	0%	$0	TDCs	39,267
Indirect State Cost		$72,087	$0		100%	$72,087	$0
TOTAL PARTICIPATION		$1,983,039	$1,910,952		$72,087		382,190
In-kind Contribution Credit Applied							0%	$0
TOTAL REMAINING   PARTICIPATION AFTER  IN-KIND CONTRIBUTION							TDCs

 

◼ The estimated total participation by Local Government is $0. 

◼ The Local Government is responsible for 100% of overruns. 

◼ Total estimated payment by Local Government to State is $0. 

◼ 1Local Government’s first payment of $0 is due to State within 30 days from execution of this contract. 

AFA TASA Page 2 of 3 Attachment B 1/23/2024 

Packet Pg. 62 

2024-041 ATTH 017.4.b 

TxDOT::						Federal Highway Administration:
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 –  ATL	Code Chart 64#		42250 – City of   Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing

◼ 2 Local Government’s second payment of $0 is due to State within 60 days prior to the Construction contract being advertised for bids. ◼ 3If ROW is to be acquired by State, Local Government’s share of property cost will be due prior to acquisition. 

◼ The local match must be 20% or greater and may include State contributions, eligible in-kind contributions, EDC adjustments, or TDCs if  authorized as part of project selection. 

◼ Transportation Development Credits (TDC) are being utilized in place of the Local Government’s participation in the amount of 382,190. ◼ This is an estimate; the final amount of Local Government participation will be based on actual costs. 

◼ Maximum federal TASA funds available for Project are $1,910,952. 

AFA TASA Page 3 of 3 Attachment B 1/23/2024 

Packet Pg. 63 

2024-041 ATTH 017.4.b 

TxDOT::						Federal Highway Administration:
CCSJ #	3591-01-006		AFA ID	Z00009249		CFDA No.	20.205
AFA CSJs	3591-01-006					CFDA Title	Highway Planning and Construction
District #	19 –  ATL	Code Chart 64#		42250 – City of  Texarkana
Project Name		Leopard Drive Shared Use Path and  Pedestrian Improvements				AFA Not Used For Research & Development

 

Attachment: 2024-041 ATTH 01 AFA with TxDOT for Leopard Dr _draft (4214 : 2024-041 RES Executing Advance Funding Agreeement with

ATTACHMENT C 

RESOLUTION OF LOCAL GOVERNMENT 

Page 1 of 1 

AFA TASA Attachment C  

Packet Pg. 64 

2024-041 ATTH 027.4.c 

Attachment: 2024-041 ATTH 02 Leopard drive map (4214 : 2024-041 RES Executing Advance Funding Agreeement with TxDOT for Leopard

Packet Pg. 65 

2024-041 ATTH 027.4.c 

Attachment: 2024-041 ATTH 02 Leopard drive map (4214 : 2024-041 RES Executing Advance Funding Agreeement with TxDOT for Leopard

Packet Pg. 66 

7.4.d 

City of Texarkana, Texas 

Developing Perspectives and Goals Pending Approval by the City Council:   Perspectives Goals

Serve the Community Promote an Environmentally Sensitive & Livable Community Provide a Safe Community  Deliver Quality Services  Foster a Healthy Community

Run the Operations Enhance Community Preparedness & Responsiveness Maximize Partnership Opportunities  Provide Courteous & Responsive Customer Service  Model a Positive City Image  Deliver Efficient Services  Cultivate Community Involvement & Access

Manage the Resources Maintain Fiscal Strength  Maximize Utilization & Resources  Invest in Infrastructure & Transportation

Develop Personnel Develop a Skilled & Diverse Workforce  Create a Positive & Rewarding Work Culture

 

Perspectives and Goals Additional Comments:  

Resource Impact:  

Staff time required if item is approved: No Additional Other Potential Impacts:  

Public Information Plan:  

Newspaper Notice (Required by Statute)

Public Forum/Input Session

E-News Distribution

Social Media (Twitter, Facebook, etc.)

Flyers Posted

Survey

None Required

 

Other:  

Public Hearing (Required by Statute) Press Release 

Website Notice 

Special Mailing 

Banners Posted 

Automated Phone Call 

1 of 1 

Attachment: 2024-041 Goals & Perspectives (4214 : 2024-041 RES Executing Advance Funding Agreeement with TxDOT for Leopard Drive

Packet Pg. 67 

7.4.e 

Attachment: 2024-041 RES AFA w TxDOT Leopoard Dr signed (4214 : 2024-041 RES Executing Advance Funding Agreeement with TxDOT for

RESOLUTION NO. 2024 – 041 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS, AUTHORIZING EXECUTION OF AN ADVANCE 

FUNDING AGREEMENT ( AFA) WITH THE TEXAS DEPARTMENT OF 

TRANSPORTATION FOR A TRANSPORTATION ALTERNATIVES SET 

ASIDE ” TA” PROGRAM, FOR THE LEOPARD DRIVE PEDESTRIAN 

IMPROVEMENT PROJECT; AND ESTABLISHING AN EFFECTIVE 

DATE. 

WHEREAS, the City of Texarkana, Texas( the City), was recently selected for a Shared Use Path and Pedestrian Improvements Project on Leopard Drive as part of Texas Department of Transportation’ s ( TxDOT) Transportation Alternatives Set- Aside” TA” Program; and 

WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023- 078 showing support of the application for the Leopard Drive Shared Use Path and Pedestrian Improvement Project( the Project) to TxDOT; and 

WHEREAS, on October 26, 2023, the Texas Transportation Commission authorized, by Minute Order 116575, the Project to receive TA funds for project construction; and 

WHEREAS, the City would be responsible for all non- reimbursable costs and 100% of overruns, if any, for TA funds; and 

WHEREAS, the City desires to reaffirm its support ofthe Project and approve and authorize the execution of an Advance Funding Agreement( AFA) with TxDOT for the Project. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS: 

SECTION 1: The City Manager is hereby authorized to execute an Advance Funding Agreement with the Texas Department of Transportation for the Leopard Drive Pedestrian Improvement Project. 

SECTION 2: This Resolution shall be in full force and effect from and after its passage and approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. 

A TEST:’ 

lat 

V NS,4CITY ARY BOB BRUGGE MAYOR 

Packet Pg. 68 

7.5 

City of Texarkana, Texas 

Version: 

Briefing Sheet 

Update Date: 3/22/2024 9:50 AM 

Lead Department: Parks, Recreation & Health Action Officer: Keith Beason,  Resolution No. 2024-038 approving a bid from Contech Contractors, Inc. of  

Texarkana, Texas, to replace windows on the exterior north wall of City Hall, in  an amount not to exceed $88,508.60, with budgeted funds from the General  

Subject: 

Fund (Fund 101). 

Briefing: 3/25/2024 Public Hearing: Council Vote: 3/25/2024 

Item Schedule 

Schedule 3: No briefing required (one week) 

Updates/History of Briefing: 

3/25/2024: 

Approving a bid from Contech Contractors (TIPS Cooperative Buying Contractor #3666) to replace  windows on exterior north wall of City Hall in an amount not to exceed $88,508.60. 

Executive Summary and Background Information: 

The quote received from Contech Contractors Inc. includes replacing 17 of the 19 windows on the  exterior north wall of City Hall. The two windows excluded are the second-floor windows on the east  and west side of the north wall.  

Potential Options: 

• Approve 
• Deny 

Fiscal Implications: 

Window replacements will not exceed $88,508.60 from General Fund (Fund 101) 

Staff Recommendation: 

Approval 

Advisory Board/Committee Review: 

NONE 

Board/Committee Recommendation:  

NOT APPLICABLE 

Advisory Board/Committee Meeting Date and Minutes:  

NOT APPLICABLE 

1 of 2 

Packet Pg. 69

7.5 

City of Texarkana, Texas 

Attachments 

1. 2024-038 RES Contech contract replace windows CH (jcl rev) (DOC) 
2. 2024-038 Goals & Perspectives (DOCX) 
3. 2024-038 RES CH windows north exterior signed (PDF) 

Staff Coordination 

Parks, Recreation & Health Robby Robertson Department Head Review Completed 03/21/2024 9:10 AM 

Finance Department Kristin Peeples Finance Review Completed 03/21/2024  11:25 AM 

City Manager David Orr City Manager Review Completed 03/22/2024  8:16 AM 

City Council Jennifer Evans Meeting Completed 03/25/2024  6:00 PM 

Meeting History 

2 of 2 

Packet Pg. 70

7.5.a 

Attachment: 2024-038 RES Contech contract replace windows CH (jcl rev) (4211 : 2024-038 RES Contech Contractors to replace windows CHl)

RESOLUTION NO. 2024-038 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS, AUTHORIZING A CONTRACT WITH  CONTECH CONTRACTORS, INC. OF TEXARKANA, TEXAS (TIPS  BUY BOARD VENDOR #3666) IN THE AMOUNT OF $88,508.60 WITH  BUDGETED FUNDS FROM THE GENERAL FUND (FUND 101) FOR  CITY HALL WINDOW REPLACEMENT; AND ESTABLISHING AN  EFFECTIVE DATE. 

WHEREAS, seventeen of the nineteen windows on the exterior north wall of City Hall need to  be replaced (the two excluded windows are on the second floor / east and west side of the north  wall); and 

WHEREAS, Contech Contractors, Inc., of Texarkana, Texas (TIPS Buy Board Vendor # 3666)  submitted a quote of $88,508.60 for the work, and budgeted funds are available for this work from the General Fund (Fund 101); and 

WHEREAS, City staff recommends that the City Council authorize the City Manager to execute  a contract with Contech for City Hall window replacement. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS: 

SECTION 1: The City Council authorizes and approves a contract with Contech Contractors,  Inc., of Texarkana, Texas, in the amount of $88,508.60, for replacement of seventeen windows  on the exterior north wall of City Hall, and authorizes the City Manager to execute any and all  documents necessary to effectuate the contract. 

SECTION 2: This resolution shall be in full force and effect from and after its passage and  approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. ATTEST: 

_______________________________________ _________________________________ JENNIFER EVANS, CITY SECRETARY BOB BRUGGEMAN, MAYOR 

Packet Pg. 71 

7.5.b 

City of Texarkana, Texas 

Developing Perspectives and Goals Pending Approval by the City Council:   Perspectives Goals

Serve the Community Promote an Environmentally Sensitive & Livable Community Provide a Safe Community  Deliver Quality Services  Foster a Healthy Community

Run the Operations Enhance Community Preparedness & Responsiveness Maximize Partnership Opportunities  Provide Courteous & Responsive Customer Service  Model a Positive City Image  Deliver Efficient Services  Cultivate Community Involvement & Access

Manage the Resources Maintain Fiscal Strength  Maximize Utilization & Resources  Invest in Infrastructure & Transportation

Develop Personnel Develop a Skilled & Diverse Workforce  Create a Positive & Rewarding Work Culture

 

Perspectives and Goals Additional Comments:  

Resource Impact:  

Staff time required if item is approved: No Additional Other Potential Impacts:  

Public Information Plan:  

Newspaper Notice (Required by Statute)

Public Forum/Input Session

E-News Distribution

Social Media (Twitter, Facebook, etc.)

Flyers Posted

Survey

None Required

 

Other:  

Public Hearing (Required by Statute) Press Release 

Website Notice 

Special Mailing 

Banners Posted 

Automated Phone Call 

Attachment: 2024-038 Goals & Perspectives (4211 : 2024-038 RES Contech Contractors to replace windows CHl)

Packet Pg. 72 

7.5.c 

RESOLUTION NO. 2024- 038 

Attachment: 2024-038 RES CH windows north exterior signed (4211 : 2024-038 RES Contech Contractors to replace windows CHl)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS, AUTHORIZING A CONTRACT WITH 

CONTECH CONTRACTORS, INC. OF TEXARKANA, TEXAS ( TIPS 

BUY BOARD VENDOR # 3666) IN THE AMOUNT OF $ 88, 508. 60 WITH 

BUDGETED FUNDS FROM THE GENERAL FUND ( FUND 101) FOR 

CITY HALL WINDOW REPLACEMENT; AND ESTABLISHING AN EFFECTIVE DATE. 

WHEREAS, seventeen of the nineteen windows on the exterior north wall of City Hall need to be replaced ( the two excluded windows are on the second floor/ east and west side of the north wall); and 

WHEREAS, Contech Contractors, Inc., of Texarkana, Texas ( TIPS Buy Board Vendor # 3666) submitted a quote of $88, 508.60 for the work, and budgeted funds are available for this work from the General Fund( Fund 101); and 

WHEREAS, City staff recommends that the City Council authorize the City Manager to execute a contract with Contech for City Hall window replacement. 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEXARKANA, TEXAS: 

SECTION 1: The City Council authorizes and approves a contract with Contech Contractors, Inc., of Texarkana, Texas, in the amount of$ 88, 508. 60, for replacement of seventeen windows on the exterior north wall of City Hall, and authorizes the City Manager to execute any and all documents necessary to effectuate the contract. 

SECTION 2: This resolution shall be in full force and effect from and after its passage and approval. 

PASSED AND APPROVED in Regular Council Session on this the 25th day of March, 2024. ATTEST:’ 

JE _- F R ANS, C TY SECRETARY BOB BRUGGE N, MAYOR y / K• 

Packet Pg. 73 

8.1 

City of Texarkana, Texas 

Version: 

Briefing Sheet 

Planning & Zoning  

Update Date: 3/21/2024 8:45 AM Laura Puckett, Zoning  

Lead Department: 

Commission Action Officer: 

Administrator  

Subject: 

Ordinance No. 2024-032 rezoning an approximate 0.17-acre tract of land (being  Part of Tract 35), W. H. Ector, HRS, A-695, located at 1319 Richmond Road  from Multiple Family-1/Planned Development-General Retail to Neighborhood  Service. Sundar Adhikari, owner, and Rita Johnson-Williams, agent. 

Briefing: 4/22/2024 Public Hearing:4/22/2024 Council Vote: 4/22/2024 

Item Schedule 

Schedule 2: Brief once – vote once (two weeks) 

Updates/History of Briefing: 

NOT APPLICABLE 

Executive Summary and Background Information: 

This is a request by Sundar Adhikari, owner, and Rita Johnson-Williams, agent to  rezone on an approximate 0.17-acre tract of land (being part of Tract 35), W.H. Ector  HRS, A-695, located at 1319 Richmond Road from Multiple Family-1/Planned  Development-General Retail to Neighborhood Service. The intention is to expand on  current business at 1317 Richmond Road. 

The Future Land Use Map has designated this property as “Neighborhood  Residential”. 

The adjacent zoning is Office to the north, Multiple Family-1 to the west,  Neighborhood Service to the south, and Single Family-2 to the east. The adjacent land  use is an office to the north, apartments to the west, business to the south, and  residences to the east.  

Staff recommends for approval of this request. 

The applicant should also be aware that if this zoning change is approved, all other  applicable city code/ordinance requirements must be met including but not limited to  new drainage ordinance, stormwater design manual, building codes, setbacks,  subdivision, fire, parking, drainage, water and sewer prior to the issuance of building  permits. 

All notification and application requirements have been met to consider this request. 

Potential Options: 

1 of 2 

Packet Pg. 74

8.1 

City of Texarkana, Texas 

Approved 

Fiscal Implications: 

NOT APPLICABLE 

Staff Recommendation: 

Staff recommends for approval of this request 

Advisory Board/Committee Review: 

Planning and Zoning Commission 

Board/Committee Recommendation:  

The Planning and Zoning Commission unanimously recommended for approval of this request. 

Advisory Board/Committee Meeting Date and Minutes:  

March 4, 2024 

Attachments 

1. 2024-032 ORD Rezoning 1319 Richmond Rd (DOCX) 
2. 2024-032 EXH ‘A’ (Legal Description) (PDF) 
3. 2024-032 ATTH 01 (Maps) (PDF) 
4. 2024-032 Goals & Perspectives (DOCX) 

Staff Coordination 

Building Code Administration Mashell Daniel Reviewer Completed 03/21/2024 8:53 AM 

Public Works Department Dusty Henslee Reviewer Completed 03/21/2024 9:04 AM 

City Manager David Orr Reviewer Completed 03/22/2024  3:45 PM 

City Council Jennifer Evans Meeting Completed 03/25/2024  6:00 PM 

Meeting History 

2 of 2 

Packet Pg. 75

8.1.a 

Z-24-1 

ORDINANCE NO. 2024-032 

Attachment: 2024-032 ORD Rezoning 1319 Richmond Rd (4205 : 2024-032 ORD rezoning MF-1/PD-GR to NS at 1319 Richmond Rd)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS, AMENDING THE ZONING ORDINANCE OF  THE CITY OF TEXARKANA, TEXAS, BY REZONING ON AN  APPROXIMATE 0.17-ACRE TRACT OF LAND (BEING PART OF TRACT  35), W. H. ECTOR HRS, A-695, LOCATED AT 1319 RICHMOND ROAD, IN THE CITY OF TEXARKANA, BOWIE COUNTY, TEXAS, FROM 

MULTIPLE FAMILY-1/PLANNED DEVELOPMENT-GENERAL RETAIL  TO NEIGHBORHOOD SERVICE; CONTAINING A REPEALER  CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND  ESTABLISHING AN EFFECTIVE DATE.  

WHEREAS, an application has been filed requesting an amendment to the Zoning Ordinance of  the City of Texarkana, Texas, to rezone on an approximate 0.17-acre tract of land (being Part  of Tract 35), W. H. Ector HRS, A-695 (Exhibit ‘A’), located at 1319 Richmond Road, in the  City of Texarkana, Bowie County, Texas, from Multiple Family-1/Planned Development 

General Retail to Neighborhood Service; and 

WHEREAS, the Planning and Zoning Commission of the City of Texarkana, Texas, and the City  Council of the City of Texarkana, Texas, in compliance with the laws of the State of Texas with  reference to the granting of zoning classifications and changes, have given the requisite notices by  publication and otherwise, and have afforded and held full and fair hearings to all property owners  generally and to all persons interested and situated in the affected area and in the vicinity thereof;  and 

WHEREAS, after consideration of said application, the Planning and Zoning Commission of the  City of Texarkana, Texas, voted five (5) to zero (0) to recommend for approval of the  application for rezoning from Multiple Family-1/Planned Development-General Retail to  Neighborhood Service on an approximate 0.17-acre tract of land (being Part of Tract 35),  W. H. Ector HRS, A-695 (Exhibit ‘A’), located at 1319 Richmond Road to the City Council of  Texarkana, Texas; and 

WHEREAS, after consideration of said application and the recommendation of the Planning and  Zoning Commission, applicant agreed to amend the application from Multiple Family-1/Planned  Development-General Retail to Neighborhood Service; and  

WHEREAS, after consideration of said application and the recommendation of the Planning and  Zoning Commission, the City Council of the City of Texarkana, Texas, does hereby find that  rezoning the property from Multiple Family-1/Planned Development-General Retail to  Neighborhood Service is in the best interest of the public health, safety, morals and general  welfare of the City. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  TEXARKANA, TEXAS: 

Packet Pg. 76 

8.1.a 

Attachment: 2024-032 ORD Rezoning 1319 Richmond Rd (4205 : 2024-032 ORD rezoning MF-1/PD-GR to NS at 1319 Richmond Rd)

SECTION 1: That the Zoning Ordinance of the City of Texarkana, Texas, Ordinance No. 127- 70, passed and approved on September 14, 1970, be and is hereby further amended to rezone on  an approximate 0.17-acre tract of land (being Part of Tract 35), W. H. Ector HRS, A-695  (Exhibit ‘A’), located at 1319 Richmond Road in the City of Texarkana, Bowie County, Texas, from Multiple Family-1/Planned Development-General Retail to Neighborhood Service. 

SECTION 2: It is further provided that in case a section, clause, sentence or part of this ordinance  shall be deemed or adjudged by a court of competent jurisdiction to be invalid, then such invalidity  shall not affect, impair, or invalidate the remainder of this ordinance. 

SECTION 3: All ordinances or parts of ordinances in conflict herewith are specifically repealed  to the extent of such conflict. 

SECTION 4: This ordinance shall be in full force and effect from and after its passage and  approval. 

PASSED AND APPROVED in Regular Council Session on this the 22nd of April, 2024. 

ATTEST: 

__________________________________________ __________________________________ JENNIFER EVANS, CITY SECRETARY BOB BRUGGEMAN, MAYOR 

Packet Pg. 77 

8.1.b 

2024-032 EXH ‘A’ Z-24-1 

Attachment: 2024-032 EXH ‘A’ (Legal Description) (4205 : 2024-032 ORD rezoning MF-1/PD-GR to NS at 1319 Richmond Rd)

Packet Pg. 78 

Z-24-1Z-24-1 

2024-032 EXH ‘A’ 8.1.b 

Attachment: 2024-032 EXH ‘A’ (Legal Description) (4205 : 2024-032 ORD rezoning MF-1/PD-GR to NS at 1319 Richmond Rd)

Packet Pg. 79 

2024-032 EXH ‘A’ 8.1.b Z-24-1 

Attachment: 2024-032 EXH ‘A’ (Legal Description) (4205 : 2024-032 ORD rezoning MF-1/PD-GR to NS at 1319 Richmond Rd)

Packet Pg. 80