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File #: 14-940   
Type: Capital Improvements
In control: City Council A Session
On agenda: 5/15/2014
Posting Language: An Ordinance authorizing, on behalf of CPS Energy, the negotiation and execution of an Advanced Funding Agreement with Texas Department of Transportation, authorizing CPS Energy to enter, design, construct and maintain street lighting improvements in the right of way located on Loop 368 (Broadway Street) at Humphrey Avenue, a roadway on the state highway system, necessary for completion of the San Antonio Children’s Museum Project, a 2012 – 2017 Bond Project. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation and Capital Improvements]
Attachments: 1. DRAFT_TxDOT - AFA, 2. SACM_Site Map, 3. Draft Ordinance, 4. Ordinance 2014-05-15-0329
DEPARTMENT: Transportation and Capital Improvements      
 
 
DEPARTMENT HEAD: Mike Frisbie
      
      
COUNCIL DISTRICTS IMPACTED: 1
 
 
SUBJECT:
 
Advanced Funding Agreement with TxDOT for San Antonio Children's Museum 2012 - 2017 Bond Project
 
 
SUMMARY:
 
An ordinance authorizing, on behalf of CPS Energy, the negotiation and execution of an Advanced Funding Agreement with Texas Department of Transportation (TxDOT), authorizing CPS Energy to enter, design, construct and maintain street lighting improvements in the right of way located on Loop 368 (Broadway Street) at Humphrey Avenue, a roadway on the state highway system, necessary for completion of the San Antonio Children's Museum Project, a 2012- 2017 Bond Project.
 
BACKGROUND INFORMATION:
 
On May 12, 2012, San Antonio voters approved the 2012 - 2017 Bond Program, consisting of five propositions totaling $596 Million.  The Bond Program funds will be used on various capital improvement projects, to address community infrastructure needs and improve the overall quality of life in San Antonio.  As part of that program, $3,000,000.00 in Library, Museum and Cultural Arts Improvements General Obligation Bond funds were approved for San Antonio Children's Museum's relocation and expansion, to increase its accessibility to San Antonio families and provide additional educational programming to young children.  
 
The San Antonio Children's Museum (SACM) is a non-profit organization, founded by a group of dedicated volunteers who were committed to building a community space devoted to early childhood development.  Since its founding in 1995, SACM has worked to carry out its mission of growing minds, connecting families and transforming communities through joyful learning and discovery.  The City's 2012-2017 Bond Program has provided $3 million for the relocation and expansion of a new Children's Museum, with the remainder of the funds necessary to complete the work coming from various fundraising efforts led by SACM.  The new museum is planned to be 70,000 square feet and will include outdoor exhibit space, a café and on-site parking.  The museum will focus on literacy, science, health and art programs for children up to 10 years old.  The museum's mission aligns with several of the long-range SA2020 plans.  As part of this initiative, a relocation committee, which included City San Antonio staff, participated in a site selection process and identified a former car dealership - a 5.4-acre lot near the intersection of Broadway Street and Mulberry Avenue - in Council District 2 as the preferred location of the new Children's Museum.  The new location places the Children's Museum in the same corridor as several other cultural institutions, including the San Antonio Museum of Art, Witte Museum, San Antonio Zoo and San Antonio Botanical Garden.  Project construction began in June 2013 and completion is anticipated for Spring 2015.
 
Previous Council Action
On January 17, 2013, City Council approved execution of a funding agreement in the amount of $1,800,000.00 with San Antonio Children's Museum, the acquisition in the amount of $1.2 million and lease of privately-owned real properties located at East Mulberry Avenue and Humphrey Avenue, including the closure of approximately 0.261 acres of Humphrey Avenue public right-of-way (located between Margaret Street and Pine Street) through Ordinances 2013-01-17-0022, 2013-01-17-0023, 2013-01-17-0024 and 2013-01-17-0025.  The funding agreement with San Antonio Children's Museum provides for infrastructure improvements onsite and along Broadway, directly in front of the location of the new museum.  Improvements include grading, concrete curbs, concrete approaches, site hardscapes, sidewalks, lighting, landscaping, asphalt paving, bioswales and underground utilities.
 
ISSUE:
This ordinance authorizes, on behalf of CPS Energy, the negotiation and execution of an Advanced Funding Agreement (AFA) with Texas Department of Transportation (TxDOT), authorizing CPS Energy to enter, design, construct and maintain street lighting improvements in the right of way located on Loop 368 (Broadway Street) at Humphrey Avenue, a roadway on the state highway system, necessary for completion of the San Antonio Children's Museum Project, a 2012 - 2017 Bond project.
The execution of this AFA is necessary for the completion of San Antonio Children's Museum Project.  The street lighting improvements CPS Energy will need to complete reside in TxDOT's right way on Loop 368 (Broadway Street) at Humphrey Avenue.  Texas Transportation Code requires, when improvements are made on roadways of the state highway system, only municipalities of the state to enter into an agreement with TxDOT.  This AFA is consistent with such requirements and, in this instance, will allow CPS Energy to enter and complete the necessary improvements.   
Approval of this ordinance will be in continuation of City Council policy to complete previously approved 2012 - 2017 General Obligation Bond-funded projects.
 
ALTERNATIVES:
 
City Council could choose not to approve this Advance Funding Agreement; however, this would adversely affect the timely completion and funding of this project.
 
 
FISCAL IMPACT:
 
There is no fiscal impact regarding the execution of this Advanced Funding Agreement. Funding for the street lighting improvements in the right of way located on Loop 368 (Broadway Street) at Humphrey Avenue were previously approved by council on January 17, 2013, through ordinance 2013-01-17-0022, an execution of a funding agreement in the amount of $1,800,000.00.
 
 
RECOMMENDATION:
 
An Ordinance authorizing, on behalf of CPS Energy, the negotiation and execution of an Advanced Funding Agreement with Texas Department of Transportation, authorizing CPS Energy to enter, design, construct and maintain street lighting improvements in the right of way located on Loop 368 (Broadway Street) at Humphrey Avenue, a roadway on the state highway system, necessary for completion of the San Antonio Children's Museum Project, a 2012 - 2017 Bond Project.