HomeMy WebLinkAboutItem 12 - Trinity Railway ExpressITEM # ___U- -= -_
_. MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGEF�W
MEETING DATE: JUNE 20, 2000
SUBJECT: AUTHORIZE THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL
OF GOVERNMENTS REGIONAL TRANSPORTATION
COMMISSION FOR THE OPERATIONS OF THE TRININTY
RAILWAY EXPRESS
RECOMMENDATION:
The City Manager recommends approval of the attached interlocal agreement between
the City and the Regional Transportation Council (RTC) for the operations of the Trinity
Railway Express (TRE) and authorize the Mayor to execute same.
FUNDING SOURCE:
There is no budget impact during this fiscal year or FY2001. The agreement will commit
the City to funding $25,000 for the operations of the Trinity Railway Express in fiscal
years 2002, 2003 and 2004. For the participation contributions following September 30,
2004 the RTC will conduct ridership surveys to determine the actual ridership
percentage and calculate the appropriate pro -rata share for each community. Any new
share will be a part of a future agreement as the attached agreement expires on
September 30, 2004.
BACKGROUND:
The City Council held a workshop in January of 1998 to review the TRE proposals for
service as well as the proposed contribution of $25,000. At that time the consensus of
the Council was to participate in the TRE at the $25,000 level. The contribution amount
has remained constant over the intervening two year period. The Centerport and Hurst
stations are scheduled to open in September of this year with the final connection to
downtown Fort Worth following in 2001. The TRE is currently operating from Irving to
downtown Dallas. The next step in the commuter rail program as outlined by the
Council of Governments is to begin the planning of the Cotton Belt corridor, which runs
through Grapevine.
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June 15, 2000 (9:32AM)
INTERLOCAL COOPERATIVE AGREEMENT
Between
THE REGIONAL TRANSPORTATION COUNCIL
and
THE CITY OF GRAPEVINE
for
DEVELOPMENT AND OPERATION OF COMMUTER RAIL SERVICE
WHEREAS, the North Central Texas Council of Governments and the Regional
Transportation Council (RTC) have actively worked to implement commuter rail service
in the area and facilitate the contribution by cities that are not members of a Transit
Authority to the operational costs of commuter rail services; and,
WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE)
Monitoring Subcommittee was appointed by the RTC to meet on an as -needed basis to
monitor policy issues related to the TRE service and the collection of operating funds
for the service; and,
WHEREAS, it would be beneficial to the citizens of the City of Grapevine to have
access to commuter rail service connecting the Cities of Dallas and Fort Worth with
each other and with Dallas -Fort Worth International Airport to relieve traffic congestion,
provide transportation opportunities, and aid in attaining federal air quality standards;
and,
WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, Dallas Area Rapid Transit (hereinafter referred to as "DART") and
the Fort Worth Transportation Authority (hereinafter referred to as "the T"), both
metropolitan transportation authorities created and existing pursuant to Article 1118y,
Texas Revised Civil Statutes (hereinafter referred to jointly as the "Transit Authorities"),
may exercise jointly the power to provide governmental services for the public health,
safety, and welfare; and,
WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statutes, all railroad -related
activities by public agencies, separately or jointly exercised, are public and
governmental functions for the public purpose and necessity; and,
WHEREAS, the Transit Authorities have entered into an Interlocal Cooperative
Agreement to define their respective rights and responsibilities regarding the provision
of commuter rail service along the Trinity Railway Express Corridor and have begun
commuter rail service as the Trinity Railway Express;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties agree as follows:
Article 1. DEFINITIONS:
1.1 "Commuter rail service" means operating passenger trains for commuters by, or
under the control of, the Transit Authorities.
1.2 "Capital improvement means any addition to the asset base of either Transit
Authority (1) for the sole benefit of and utilization by the commuter rail service,
or (2) representing the proportionate share of joint facilities benefiting, or utilized
on behalf of, Commuter Rail Service.
1.3 "Maintenance of way means the labor, material, tools, and equipment required
to maintain all aspects of the railroad tracks, structures, signals, and
communications.
1.4 "Boards" means the Board of Directors of DART and the Executive Committee
of the T.
1.5 "Best efforts" means one party's use of all reasonable exertions to fulfill the
obligations of that party under this Agreement. It does not mean an obligation
to attempt to fulfill the obligations of any other party.
1.6 "Capital costs" means the costs to plan, engineer, design, purchase, and
construct the facilities, equipment, and systems for the commuter rail service
that may be depreciated in accordance with standards set by the Federal
Accounting Standards Board.
Article 2. ORGANIZATIONAL RELATIONSHIPS:
2.1. North Central Texas Council of Governments and Regional Transportation
Council:
The North Central Texas Council of Governments (hereinafter referred to as
"NCTCOG") is the metropolitan planning organization for the North Central
Texas region including Dallas, Fort Worth, and the City of Grapevine. The
North Central Texas Council of Governments is authorized by law to conduct
coordinating and technical studies as may be required to guide the unified
development of the area, eliminate duplication, and promote economy and
efficiency through areawide planning. The Regional Transportation Council,
comprised primarily of local elected officials, is the regional transportation policy
body associated with the North Central Texas Council of Governments, and has
been and continues to be a forum for cooperative decisions on transportation
and is charged with the responsibility of preparing and maintaining the
metropolitan transportation plan and transportation improvement program for
the Dallas -Fort Worth Metropolitan Area in accordance with applicable federal
regulations.
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2.2 Trinity Railway Express Monitoring Subcommittee:
The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by
the RTC to monitor and advise on the provision of commuter rail services by
TRE between the Cities of Dallas and Fort Worth.
2.3 Trinity Railway Express Advisory Committee:
DART and the T have created the Trinity Railway Express Advisory Committee
(TREAC) to assist the Boards on policy, budget issues, and service levels for
TRE. A representative from the TREMS shall be appointed by the RTC to the
TRE Advisory Committee. A representative from the Trinity Railway Express
Monitoring Subcommittee shall be nominated by the subcommittee and
appointed by the Regional Transportation Council to the Trinity Railway Express
Advisory Committee.
2.4 Companion Agreements:
The RTC will enter into companion agreements with the cities identified in
Attachment 1.
The RTC will also enter into a companion agreement with the Fort Worth
Transportation Authority and the Dallas Area Rapid Transit to disburse the funds
collected by the RTC from the cities listed in Attachment 1, including the City of
Grapevine.
Article 3. POLICY:
3.1 Trinity Railway Express Advisory Committee:
Policies, service levels, fares, and budgets are presented and reviewed by the
TREAC prior to final approval by the Boards. Notice of all TREAC meetings and
agendas and copies of supporting agenda materials shall be provided to the
cities listed in Attachment 1.
3.2 Boards:
All policies for the commuter rail service shall be adopted by the Boards of the
Transit Authorities, and those contracts reserved by statute for award by the
Boards remain with the Boards. These include, but are not limited to, budget
approval, service levels, service extensions, procurement, and fares. The
budget for the service and spending authorizations will be as provided annually
by the Boards.
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Article 4. CAPITAL COSTS:
4.1 Capital Costs of Fixed Facilities and Equipment:
The Transit Authorities shall separately contribute the capital for, and own the
capital improvements, including all equipment, stations, rail cars, and
locomotives.
4.2 The Trinity Railway Express Monitoring Subcommittee may review and comment
upon the planning and design of all line improvements to and on the TRE
Corridor.
4.3 If the City of Grapevine or TREMS requests additional improvements not
accepted by the Transit Authorities, the City of Grapevine or TREMS may
individually fund such improvements.
Article 5. OPERATIONS AND MAINTENANCE:
5.1 Service Schedules:
Service levels shall be determined by the Transit Authorities. Pursuant to this
Agreement, service on Monday through Friday shall be at least four trains
eastbound and four trains westbound in both the AM and PM peak ridership
periods.
5.2 Service Quality:
The Transit Authorities shall develop and establish the procedures to implement
and ensure that the highest possible quality of service, consistent with the
budget, is provided.
5.3 The City of Grapevine or TREMS may suggest or request changes or additions
to the service schedules at any time, but such is especially encouraged during
the formation of the annual TRE budget. Any suggested or recommended
service not adopted by the Transit Authorities may be separately funded by
TREMC, provided equipment, facilities, and crews are available.
Article 6. COST SHARING FOR CONTINUING OPERATIONS:
6.1 General:
The parties recognize that the commuter rail service contemplated under this
Agreement will create ongoing costs for operation of the service and
maintenance of the assets used in its provision, as well as other recurring
expenses. Such costs include the Director of Trinity Railway Express,
Commuter Rail Service Operator, maintenance of way costs and capital
assessments, dispatching costs, insurance, security on trains, administrative
costs, and revenue collection.
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6.2 There will be no operating funds collected from the City of Grapevine until the
TRE extension to Fort Worth's Ninth Street Station in Downtown Fort Worth is
operational, anticipated to take place October 2001 (FY 2002).
6.3 Starting in the first fiscal year of operation and continuing for the duration of this
Agreement, the cities participating in this cost sharing process agree to pay a
fixed amount of $775,000 annually to provide the operating funds outlined
above.
6.4 The city allocation of costs will be based on the allocation shown in
Attachment 1 and will remain fixed during the contract period.
6.5 The funds in the first fiscal year of operation will be prorated based on the
opening day of service.
6.6 NCTCOG will fund and conduct an audit of the boardings and alightings of the
service, to be used for planning purposes and later contract negotiations (post
FY 2004).
6.7 The parties agree that the City of Grapevine will contribute its share of the
costs, as outlined in Attachment 1, for FY 2002, FY 2003, and FY 2004.
6.8 The City of Grapevine will make a 50 percent payment at the six-month mark of
the appropriate fiscal year with a final payment due at the end of the fiscal year.
Article 7. FURTHER STUDY:
7.1 A feasibility study for double tracking the TRE service between Dallas and Fort
Worth will be completed as soon as possible. Frequent off-peak service and
service extensions into the Dorothy Spur and Burlington Northern corridors are
contingent upon this capacity.
7.2 A preliminary feasibility report of the use of the Union Pacific Corridor as defined
in the Mobility 2025 Plan will be completed by the end of FY 2002. If feasible,
service would be implemented as soon as possible after that date.
7.3 A feasibility study of the development of commuter rail service along the
Dorothy Spur will be completed by the end of FY 2003.
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Article 8. TERM AND TERMINATION:
8.1 Effective Date:
The effective date of this Agreement shall be the date on which it is executed by
the parties.
8.2 Term:
This Agreement shall be in effect until September 30, 2004, and may be
renewed by written agreement of the parties.
8.3 Mutual Termination:
The parties may terminate this Agreement by mutual agreement at any time.
8.4 New Transit Authority:
In the event any city identified on Attachment 1 joins an existing transit authority
or becomes or forms a new transit authority with a dedicated source of funding
for transit, the obligations under this Agreement for that city shall cease on the
day the funding begins and be transferred to the new transit funding source.
The $775,000 fixed amount shall be reduced by the amount shown on
Attachment 1 for the withdrawing city.
Article 9. MISCELLANEOUS PROVISIONS:
9.1 Force Majeure:
It is expressly understood and agreed by the parties to this Agreement that, if
the performance of any provision of this Agreement is delayed by reason of war,
civil commotion, act of God, governmental restrictions, regulations or
interferences, fire or other casualty, court injunction, or any circumstances which
are reasonably beyond the control of the party obligated or permitted under the
terms of this Agreement to do or perform the same, regardless of whether any
such circumstance is similar to any of those enumerated herein, the party so
obligated or permitted shall be excused from doing or performing the same
during such period of delay, so that the period of time applicable to such
requirement shall be extended for a period of time equal to the period of time
such party was delayed.
9.2 Contractual Relationship:
It is specifically understood and agreed that the relationship described in this
Agreement between the parties is contractual in nature and is not to be
construed to create a partnership or joint venture or agency relationship
between the parties. Nor shall any party be liable for any debts incurred by the
other party in the conduct of such other party's business or functions.
n.
9.3 Counterparts:
This Agreement may be executed in multiple counterparts. Each such
counterpart shall be deemed an original of this Agreement, so that in making
proof of this Agreement, it shall only be necessary to produce or account for
one such counterpart.
9.4 Complete Agreement:
This Agreement embodies all of the agreements of the parties relating to its
subject matter, supersedes all prior understandings and agreements regarding
such subject matter, and may be amended, modified, or supplemented only by
an instrument or instruments in writing executed by all of the parties.
9.5 Captions:
The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its
terms and provisions.
9.6 Governing Law and Venue:
This Agreement and all agreements entered into in connection with the
transactions contemplated by this Agreement are, and will be, executed and
delivered, and are intended to be performed in the County of Dallas and the
County of Tarrant, State of Texas, and the laws of Texas shall govern the
validity, construction, enforcement, and interpretation of this Agreement In the
event of litigation between the parties hereto, their successors or assigns, with
regard to this Agreement and any subsequent supplementary agreements or
amendments, venue shall lie exclusively in either Tarrant County or Dallas
County, Texas.
9.7 Severability:
In the event any one or more of the provisions contained in this Agreement shall
be for any reason held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other
provision(s) hereof, and this Agreement shall be revised so as to cure such
invalid, illegal, or unenforceable provision(s) to carry out as near as possible the
original intent of the parties.
9.8 Changed Circumstances:
If future federal, state, or local statute, ordinance, regulation, rule, or action
render this Agreement, in whole or in part, illegal, invalid, unenforceable, or
impractical, the parties agree to delete and/or to modify such portions of the
Agreement as are necessary to render it valid, enforceable, and/or practical.
Each section, paragraph, or provision of this Agreement shall be considered
severable, and if, for any reason, any section, paragraph, or provision herein is
7
determined to be invalid under current or future law, regulation, or rule, such
invalidity shall not impair the operation of or otherwise affect the valid portions of
this instrument.
9.9 Enforcement:
If any party initiates an action to enforce any provision of this Agreement or for
damages by reason of an alleged breach of any provision hereof, the prevailing
party shall be entitled to receive from the other parties all reasonable and
necessary costs and expenses, including reasonable attorneys' fees and costs
incurred in connection with such action.
9.10 Survival:
All of the terms, conditions, warranties, and representations contained in this
Agreement shall survive, in accordance with their terms, and shall survive the
execution hereof.
9.11 Incorporation of Exhibits and Schedules:
All Exhibits and Schedules attached hereto are by this reference incorporated
herein and made a part hereof for all purposes as if fully set forth herein.
9.12 Reference:
The use of the words "hereof," "herein," "hereunder," and words of similar import
shall refer to this entire Agreement, and not to any particular section,
subsection, clause, or paragraph of this Agreement, unless the context clearly
indicates otherwise.
9.13 Further Assurances:
Each party agrees to perform any further acts and to sign and deliver any
further documents which may be reasonably necessary to carry out the
provision of this Agreement.
9.14 Notice:
Whenever this Agreement requires or permits any consent, approval, notice,
request, proposal, or demand from one party to another, the consent, approval,
notice, request, proposal, or demand must be in writing to be effective and shall
be delivered to the party intended to receive it at the address(es) shown below:
If to TREMS: Trinity Railway Express Monitoring Subcommittee
Regional Transportation Council
c/o North Central Texas Council of Governments
Attn: Michael Morris, P.E.
Post Office Box 5888
Arlington, Texas 76005-5888
If to the City of
Grapevine:
IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate
original at Arlington, Tarrant County, Texas, the day of , 2000.
ATTEST:
XMI
Mayor
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
APPROVED AS TO FORM AND LEGALITY:
Attorney Executive Director
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