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Council approves $600,000 Chapter 380 agreement for frontage road; developer formation of BEBD Frontage Road LLC was pending
Summary
The Bastrop City Council approved a Chapter 380 grant agreement with BEBD Frontage Road LLC on April 22 to fund up to $600,000 for a Highway 71 frontage road adjacent to the Burleson Crossing East shopping center. The council accepted an amendment to the ordinance language and added a requirement that change orders be presented to council for app
The Bastrop City Council approved an ordinance authorizing a Chapter 380 agreement with BEBD Frontage Road LLC for up to $600,000 in public incentives to construct frontage-road improvements adjacent to the Burleson Crossing East development on Highway 71.
Council accepted a friendly amendment to correct the ordinance heading to read BEBD Frontage Road LLC and to require any change order presenting "extraordinary costs or conditions" be presented to council for approval. The motion to approve was offered by Councilperson Plunkett, seconded by Councilperson Meyer, and it passed unanimously.
Developer Steve German said the single-purpose entity was formed to be the contracting vehicle for the frontage-road work and to avoid mingling funds with other company obligations. German told the council the LLC had been filed with the Texas Secretary of State earlier the same day and said he and partner Randy Bassett would serve as the managers.
During citizen comment, Carol Spencer said the LLC did not yet appear in public Secretary of State records and urged the council to delay action until the formation was visible online. The city attorney responded that formation of single-asset LLCs immediately before closing is common in real-estate and public-works transactions and that the agreement would be enforceable against the entity once formed.
Why the frontage road: The developer and city staff said the frontage road is designed to relieve congestion at the Burleson Crossing intersection and to provide a continuous parallel route along the Highway 71 frontage. Steve German said the developer would act as the contractor for construction of the frontage road; TxDOT has agreed to convey right-of-way details during plan review.
Action and conditions: The ordinance authorizes up to $600,000 for frontage-road improvements; the approved motion included (1) correcting the ordinance header to "BEBD Frontage Road LLC," and (2) language requiring presentation of change orders above negotiated thresholds to the council for approval. The council approved the ordinance by a unanimous voice vote.
What remains: Staff and the developer will finalize the executed contract once the LLC formation documents are on file and final project plans and TxDOT approvals proceed.
