Loading...
HomeMy WebLinkAboutItem 27 - Transportation Development CreditsMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 21, 2024 SUBJECT: AWARD OF TRANSPORTATION DEVELOPMENT CREDITS - REGIONAL TRANSPORTATION COUNCIL RECOMMENDATION: City Council to consider a resolution authorizing an agreement for award of Transportation Development Credits with the Regional Transportation Council (RTC). FUNDING SOURCE: N/A BACKGROUND: In the summer of 2018, staff presented several candidate transportation related projects to be funded through the following North Central Texas Council of Governments (NCTCOG) project call. On December 13, 2018, the RTC approved the Intersection Improvements/MTP Policy Bundle Transportation Development Credit (TDC) Program, which included three projects in Grapevine. On March 19, 2019, the City of Grapevine approved the 1,210,000 TDCs as a match for federal grant funds totaling approximately $6,050,000 for the three projects. These TDCs were used for the engineering design match for Fairway Drive and Euless Grapevine Road and reserved for future construction. The TDCs were also used for construction of the SH 26 ITS project that has been completed. Due to increasing construction costs for Fairway Drive and Euless Grapevine Road, the City approached NCTCOG for additional funding. On July 13, 2023, the RTC approved an additional 353,653 TDCs for Fairway Drive and Euless Grapevine Road project construction. The City of Grapevine is able to use these TDCs as a match for additional federal grant funds totaling $1,768,263. These projects are shown in Attachment A and Overall Exhibit. Mobility 2045, the region's current Metropolitan Transportation Plan (MTP), recommendations consist of policies, programs, and projects that reflect regional priorities and support Mobility 2045 goals. To encourage the development of alternative, strategic solutions, Mobility 2045 includes a voluntary list of policies that local governments and transportation agencies can choose to adopt. These policies are intended to address issues that affect transportation in the region and cover a wide range of topics. The City has been practicing a number of these policies for many years, including clean fleet, stormwater management and traffic improvements. By voluntarily adopting 50% of these policies, participating agencies will receive an offset of local funds in federal transportation projects in the form of TDCs. Staff recommends approval. RESOLUTION NO. 2024-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ENTER INTO THE AGREEMENT FOR AWARD OF TRANSPORTATION DEVELOPMENT CREDITS WITH THE REGIONAL TRANSPORTATION COUNCIL AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas is a local government in the State of Texas and as such is empowered by the Texas Local Government Code, Section 271.101 and 271.102 and Interlocal Cooperation Act Texas Government Code, Chapter 791 to enter into interlocal agreements with other qualified entities in the State of Texas, and WHEREAS, the City of Grapevine applied for Transportation Development Credits TDCs) based on the size of the City and the number of North Central Council of Governments Policy Credits the City has met; and WHEREAS, The City was awarded 3,000,000 TDC's in July 2017 and 1,500,000 TDC's in August of 2018; and WHEREAS, The City approved the use of 1,210,000 TDC's for three projects in the City of Grapevine on March 19, 2019; and WHEREAS, The City was awarded an additional 353,653 TDC's in July 2023 for the construction of two of the current projects; and WHEREAS, the City of Grapevine, Texas has requested to enter into the Agreement for Award of Transportation Development Credits between the Regional Transportation Council and the City of Grapevine; and WHEREAS, all constitutional and statutory prerequisites for the approval of this resolution have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this resolution to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City Manager or his designee is authorized to take all steps necessary to consummate the agreement for award of Transportation Development Credits between the Regional Transportation Council and the City of Grapevine. Section 3. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of May, 2024. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Resolution No. 2024-008 2 FY2023 AGREEMENT FOR AWARD OF TRANSPORTATION DEVELOPMENT CREDITS BETWEEN THE REGIONAL TRANSPORTATION COUNCIL AND CITY OF GRAPEVINE This Agreement is entered into by and between the Regional Transportation Council (RTC), acting in its capacity as policy body for the Metropolitan Planning Organization (MPO), and the City of Grapevine. The purpose of this Agreement is to outline the roles and responsibilities of each party with respect to Transportation Development Credits (TDCs) awarded for the projects outlined in Attachment 1. WHEREAS, the North Central Texas Council of Governments (NCTCOG) is designated as the MPO for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the RTC, 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 the regional forum for cooperative decisions; and, WHEREAS, 23 U.S.C. §120 permits a state to use certain toll revenue expenditures, TDCs, formerly called toll credits, as a credit toward the non -Federal share of all programs authorized by Title 23, with the exception of emergency relief programs, and for transit programs authorized by Title 49, Chapter 53; and, WHEREAS, 43 Tex. Admin. Code §5.106 authorizes an MPO to award TDCs allocated to it by the State and 43 Tex. Admin. Code §5.110 requires an agreement be entered into between the MPO and entity awarded TDCs prior to and in order for those credits to be used; and, WHEREAS, the RTC awarded a total of 353,653 TDCs to the City of Grapevine for the projects listed in Attachment 1; and, WHEREAS, the City of Grapevine desires to use the TDCs awarded to it in lieu of the required local cash match for the federally funded transportation projects described in Attachment 1; and, NOW, THEREFORE, in consideration of these premises and of the mutual covenants contained herein, NCTCOG and the City of Grapevine agree as follows: AGREEMENT 1. The RTC has awarded 353,653 TDCs to the City of Grapevine for use as described herein. 2. The City of Grapevine agrees to utilize the TDCs for the projects identified and described herein as match to certain federal grant funds totaling approximately $1,768,263. 3. Any unused TDCs shall be reallocated to other projects as solely determined by the RTC. 4. The City of Grapevine will be required to execute separate funding agreements with a party other than the RTC and/or NCTCOG for the federal grant funds referenced above. 5. Neither Party may assign this Agreement in whole or in part, without first obtaining the written consent of the other Party. 6. 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. 7. The Parties shall negotiate in good faith toward resolving any disputes that arise under this Agreement, which shall be construed and enforced in accordance with the laws of the State of Texas. Venue for any action under this Agreement shall lie exclusively in Tarrant County, Texas. 8. This Agreement constitutes the entire agreement of the Parties with respect to the matters contemplated herein and supersedes all prior understandings and agreements regarding such subject matter. This Agreement may be modified or amended only in writing, signed by all Parties hereto. 9. The effective date of this Agreement is the date of last signature by the parties hereto. Signed and Duly Executed by the Parties Below: Bruno Rumbelow Date Michael Morris, P.E. Date City Manager Staff Director City of Grapevine Regional Transportation Council 2 TRANSPORTATION DEVELOPMENT CREDIT (TDC) FY2023 AGREEMENT PROJECT LIST CITY OF GRAPEVINE ATTACHMENT ON FAIRWAY DRIVE FROM SH 26 TO MARINA DRIVE; RECONSTRUCT 14048 0902-90-144 2 TO 2 LANES INCLUDING SHARED USE PATH AND ROUNDABOUT AT $1,286,240 257,248 JULY 13, 2023 FAIRWAY AND MARINA DRIVE EULESS-GRAPEVINE ROAD FROM SH 360 TO HUGHES ROAD; 14050 0902-90-145 RECONSTRUCT 2 LANES TO 2 LANES; INCLUDING SIDEWALK AND $482,023 96,405 JULY 13, 2023 TRAFFIC SIGNAL IMPROVEMENTS TOTAL AWARDED $1,768,263 353,653