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Home My WebLink AboutItem 10 - Transportation Development CreditsMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MARCH 19, 2019 SUBJECT: APPROVAL OF A RESOLUTION FOR AN AGREEMENT FOR AWARD OF TRANSPORTATION DEVELOPMENT CREDITS BETWEEN THE REGIONAL TRANSPORTATION COUNCIL AND THE CITY OF GRAPEVINE RECOMMENDATION: City Council to consider a resolution authorizing an agreement for award of Transportation Development Credits with the Regional Transportation Council. 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.The City of Grapevine is able to use 1,210,000 TDC's as a match for federal grant funds totaling approximately $6,050,000 for the three projects. The three 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 aim 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 percent of these policies, participating agencies will receive an offset of local funds in federal transportation projects in the form of TDCs. The City of Grapevine applied and was awarded 3,000,000 TDCs in July 2017 and 1,500,000 TDCs in August of 2018 based on the size of the City and the number of NCTCOG Policy Credits the City has metThe City desires to use 1,210,000 TDCs for these projects. The RTC requires that the City and the RTC enter into an agreement for the award of TDCs and their use. If needed, staff will come back to council for the approval of funding agreements with agencies other than the RTC and NCTCOG. Staff recommends approval. 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, and City of Grapevine. The purpose of this Agreement is to outline the roles and responsibilities of each party with respect to Transportation Development Credits (TDC) awarded for purposes of the projects in Attachment 1. WHEREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization (MPO) for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (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, Transportation Development Credits, 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 Transportation Development Credits 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 Transportation Development Credits prior to and in order for those credits to be used; and, WHEREAS, on December 13, 2018, the RTC awarded 1,210,000 TDCs to the City of Grapevine for the projects listed in Attachment 1. 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. RTC has awarded 1,210,000 TDCs to the City of Grapevine for use as described herein. 2. The City of Grapevine agrees to utilize the TDCs for the project identified and described herein as match to certain federal grant funds totaling approximately $6,050,000. 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 a separate funding agreement(s) with a party(s) other than 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 instrument 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 Agreement Project List City of Grapevine Attachment A Project• • Amount Amount 581,040 December 13, 2018 FAIRWAY DRIVE FROM MARINA DRIVE TO SH 26; WIDEN 2,905,200 FROM 2 TO 3 LANES WITH NEW 10' SHARED USE PATH EULESS-GRAPEVINE ROAD FROM SH 360 TO HUGHES ROAD; WIDEN FROM 2 TO 4 LANES WITH NEW SIDEWALKS AND INSTALL NEW TRAFFIC SIGNAL AT THE 119241800 384,960 December 13, 2018 INTERSECTION OF SH 360 FRONTAGE ROAD AND EULESS- GRAPEVINE ROAD NORTHWEST HIGHWAY AND SH 26 FROM WEST SH 114 TO SH 121; INSTALLATION OF ITS FIBER AND ITS 112201000 244,000 December 13, 2018 EQUIPMENT Total Awarded 6,0509000 192109000 Attachment 1 RESOLUTION NO. 2019-019 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 WHERAS, The City desires to use 1,210,000 TDC's for three projects in the City of Grapevine; 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 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 take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of March, 2019. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Resolution No. 2019-019 2 3/13/2019 TRANSPORTATION DEVELOPMENT CREDIT 121 w hh • orf, 7:'Cie n W d o o Fairway Dr 4W i V 4"t BASS PRD DF R J m Ra 26 8 DOVELOOP Y;;• L. - a Fiber Connectivity r W NORTHWEST HWY y 1EWALLST. ollf 121 COLLEGE ST I.S. T. Popp rI.. r•; ._ f?e3,n.`r his:e. I.CJs ti_1001 i tAOSTA NG DR a, J!v f )'AJSTA NG DRJAW 210. Si ro 9};!A' j a tj-•S!lit.:; t,.:q`";—— _- R•`{ '8 I t . Z: ts i Wft1PDRT PA*, ti t Kv a 6 r oG Euless-Grapevine Rd N HUGHES RD Overall Exhibit n W 1 op y r W r ., Projects 1 z 1 W a Grapevine City Limits GLADE RD