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ST8801-CN 890808 * ._ REQUEST FORM iTEM C~TION: '% Discussion and consideration of approving and ad~pting an interlocal A.% '~ Agreement between DART and the City of Coppell that implements and provides for financial assistance on selected and approved projects. ~ Discussion and consideration of approving and submitting a Local Assis- tance Project to DART for their review and consideration of returning a portion of the 1% Sales Tax revenues for funding of the project; Schema- tic design Plans for improvements to intersection of Sandy Lake Road and MacArthur Blvd. SUBMITTED O~IER R~P.: EVALUATION~F ITEM: DATE BUDGET AMT.: AMT. 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WHEREAS, DART has developed a Transit System Plan that includes a Local Assistance Program (LAP) consisting of a Capital Assistance Program (CAP) and a Technical Assistance Program (TAP); and WHEREAS, DART Board proposed the LAP by resolution on April 11, 1989; and WHEREAS, DART's member cities through the Technical Advisory Staff Committee (TASC) have been working, with the assistance of DART Program Planning staff, to develop the LAP; and WHEREAS, the DART Board, at its June 27, 1989 meeting, approved the Guidelines for the Local Assistance Program which form the basis for this Agreement, amended the FY 1989 Capital Budget to fund the FY 1989 LAP and included LAP in its approved financial plan; and WHEREAS, City and DART desire to formally implement the LAP and to establish procedures which will address how these programs will be identified, requested and compensated for through execution of this Agreement; NOW, THEREFORE, the parties agree as follows: 1. Term: This Agreement shall become effective upon the date of execution hereof and shall remain in force until June 30, 1996, unless terminated by withdrawal from DART of the member jurisdiction. The City may also terminate this Agreement by providing not less than sixty (60) days advance notice to DART in writing. Page 1 2. Administration: This Agreement shall be administered by the City Manager of City or his/her designee and the Executive Director of DART or his/her designee. 3. Technical Assistance Program (TAP): DART agrees to grant a portion of its funds to the City, as shown in Exhibit A, attached hereto and made a part hereof, for a TAP as detailed in Exhibit B, (Guidelines for the Local Assistance Program), attached hereto and made a part hereof. Each year prior to the beginning of the DART fiscal year (October 1), or July 1, 1989 for FY 1989, the City, shall prepare and submit to DART and the TASC a Technical Assistance Work Program for review and recommendation of approval by the DART Planning and Development Committee. The Technical Assistance Work Program, Exhibit C to be attached and made a part hereof, outlines the projects or programs anticipated to be funded with TAP funds for the upcoming fiscal year. The Technical Assistance Work Program may be modified during the fiscal yea~r with the mutual consent of both the City and DART in writing. The total cost shall not exceed the funds allocated to the City for that fiscal year plus any unexpended funds carried over from previous years. 4. C~tpitRI Assistance Program (CAP): DART agrees to grant a portion of its funds to the City, as shown in Exhibit A, attached hereto and made a part hereof, for a CAP as detailed in Exhibit B (Guidelines for the Local Assistance Program), attached hereto and made a part hereof. Each year prior to the beginning of the DART fiscal year (October 1), or July 1, 1989 for FY 1989, the City, shall prepare and submit to DART and the TASC a Program of Capital Assistance Projects, to be attached hereto as Exhibit D and made a part hereof, for review and recommendation of approval by the DART Planning and Development Committee. The Program of Capital Assistance Projects may be modified during the fiscal year with the mutual consent of both the City and DART in writing. The total cost shall not exceed the funds allocated to the City for that fiscal year plus any unexpended funds carried over from previous years. Each CAP project will display a minimum four foot by four foot (4 ft. x 4 ft.) sign on each approach to the project site indicating the project is funded with DART sales tax dollars. An example is available from DART. Page 2 5 Categories of Transit Related Projects: To be eligible for assistance under this program, projects shall be consistent with DART's enabling statute, Article 1118y V.A.C.S. which provides that DART may undertake projects which complement the public transportation system, including street modifications necessary to accommodate the public transportation system. The City shall identify how the proposed project complements the public transportation system. The list below is to be used as a guide for the City in developing its list of potential projects. CATEGORIES OF TRANSIT RELATED PROJECTS - Intersection Improvements A. Additional rig.ht-of-way B. Additional right and left turn lanes C. Increased radii D. Bus turn out areas E Other capacity improvements Capacity improvements on roadways with transit services - Computerized traffic signal system - Midblock bus turn out areas - Small park and ride lots - Grade separation construction - Curb ramps (HandiRide) - Sidewalks at transit facilities - Traffic surveillance and control equipment Vehicles and support equipment directly related to the provision of transit service Employer side assistance (subsidy, additional service) - Additional technical assistance service - Project enhancing the flow of multi-occupant vehicles - Final Engineering and Design of LAP projects - Support of State Department of Highways and Public Transportation projects that directly benefit eligible jurisdictions such as Principal Arterial Street System (PASS) and Federal Aid Urban Systems (FAUS) programs and other locally-funded projects. 6. Compensation: a. ,Allocation of Funds. Based on the most recent twelve months of city sales tax information available to DART, a calculation of the allocation of CAP and TAP funds will be made and this information will be transmitted to each eligible jurisdiction no later than one month prior to the beginning of the fisc~'! year. The resultant Page 3 allocation will thereby revise Exhibit A. At the option of the City, it may combine TAP funds with CAP funds to increase the City CAP account. This option is not available to a city which is not eligible for CAP funds. b. TAP. DART shall make available for distribution to the City on July 1, 1989, or upon execution of this Agreement, the amount shown in Exhibit A for FY 1989. In subsequent fiscal years, DART shall make available to the City on the first day of the DART fiscal year (October 1, unless changed by the DART Board) the amount for that fiscal year as provided in Section 6a, Allocation of Funds. No later than one .month after the close of each fiscal year, each member city shall prepare and submit to DART and the TASC a summary accounting of Technical Assistance Work Program activities for the prior fiscal year. c. CAP. DART will distribute CAP funds to the City for a City Council' approved project according to the following schedule. Project cost of less than $100,000 90% of the cost upon approval by the City Council. 10% at the closeout of the project by the member city. Project cost of over $100,000 20% of the cost upon approval by the City Council. 70% of the cost upon Notice To Proceed by the City. 10% at the closeout of the project by the City, No later than three months after the completion of a CAP funded project, each member city shall prepare and submit to DART and the TASC a brief summary of the expenditure of CAP funds for that project. DART will pay within thirty (30) days of receipt of an invoice with supporting documentation. d. Withdrawal from DART. If the City withdraws from DART, TAP funds already received from DART for that fiscal year remain with the City and are not required to be returned. Likewise, individual construction projects, for which construction contracts have been executed by the City and a contractor prior to withdrawal of the City, will be funded by the CAP and permitted to proceed to completion. Changes made or additional costs incurred beyond the approved fund amount by the Page 4 '% City after withdrawal will not be funded by CAP. Upon withdrawal, all remaining unobligated funds revert to DART. e. Other. The City agrees that acceptance of CAP funds precludes the City from applying for Section 9 funds from the Urban Mass Transportation Administration. 7. Procurement Responsibility: The receipt by the City of funds from DART shall not create an agency relationship between the parties. The City shall be responsible for procuring and administering TAP and CAP projects, in accordance with State law and/or its city charter provisions or ordinances. The resolution of any protests or disputes arising out of its procurement action or contract administration is the sole responsibility of the City. 8. Indemnification: City agrees to indemnify and defend DART, its officers and employees, against any claims, demands, causes of action, costs and liabilities resulting out of City's failure to perform any City obligation or duty. Similarly, DART agrees to indemnify and defend City, its officers and employees, against any claims, demands, causes of action, costs and liabilities resulting out of DART's failure to perform any DART obligation or duty. 9. Conflict of Interest: No officer or employee of City or DARTshall have any financial interest, direct or indirect, in this Agreement or any project funded hereby. 10. Notices: All notices, communications, invoices, and reports required or permitted pursuant to this Agreement shall be personally delivered or mailed to the respective parties as follows, or to such other person(s) or address(es) as either party may subsequently specify in writing: a. If intended for City to: City Manager City of Coppell P.O. Box 478 Coppell, Texas 75019 Page 5 b. If intended for DART, to: Executive Director Dallas Area Rapid Transit 601 Pacific Avenue Dallas, Texas 75202 11. Venue and Governing Law: The obligation of the parties to this Agreement are performable in Dallas, Denton, Collin, Ellis and Rockwall Counties, Texas, and exclusive venue for any legal action in connection with this Agreement shall lie in Dallas County, Texas. This Agreement shall be governed by, and construed in accordance with, the laws and court decisions of the State of Texas. 12. Applicable laws: This Agreement is made subject to the provisions and ordinances of the City, as amended; Article 1118y, as amended, Texas Revised Civil Statutes; and all applicable State and Federal laws, regulations and requirements, as amended. 13 legal Construction: In case any one or more of'the provisions contained in this Agreement shall for any reason be 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 considered as if such invalid, illegal, or unenforceable provision(s) had never been contained in this Agreement. 14. Captions: The captions to various clauses to this Agreement are for informational purposes and shall not alter the substance of the terms and conditions of this Agreement. 15. ~Jccessors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 16. Fntire Agreement: This Agreement embodies the complete Agreement of the parties hereto relating to the matters covered herein, and cannot be modified except as provided herein by written addendum or agreement of the parties. No interlocal agreement heretofore entered into between the parties shall be construed to apply to the subject matter(s) covered by this Agreement, and such other interlocal agreement(s) shall continue in full force and effect in accordance with their terms. Page 6 EXECUTED this ~ -~Z'day of ~-~.~ 1989, pursuant to the authority of City Council Resolution No. (";,,-z~:~-,,._~) , adopted ~-,z~.~,'f- ~o , 1989, and DART Resolution No. 890080, adopted June 27, 1989. APPROVED AS TO FORM CITY OF, COPPELL / : / - .- , ,..' j/ _-'-' z ,~'. :/ ,., ,,.C~---/ '"~ .... ~ ' " / B ~ ' La/try Jacksor~ Alan D. Rathff City Attorrte~ City Manager ~ APPROVED AS TO FORM DALLAS AR~RAP, ID~ZRANSIT " -- -;~' ~- By: " r'~ I~.._.,. By: ,.-"L._ ~ -' John T. Hoeft Charles S. Al~k~c~f ' General C_ounsel Executive Director Page 7 EXHIBIT A DALLAS AREA RAPID TRANSIT LOCAL ASSISTANCE PROGRAM JULY 1 TO SEPTEMBER 30, 1989 TOTAL TECHNICAL ,CAPITAL LOCAL ASSISTANCE ASSISTANCE ASSISTANCE JURIRF)ICTION PROGRAM PROGRAM PROGRAM Dallas $147 888 NA $ 147,888 Irving 20 664 $ 756,275 776,939 Piano 16 416 600,600 617,016 Garland 12 984 475,150 488,134 Richardson 12 576 460,200 472,776 Dallas County 9 985 NA 9,985 Carrollton 9 384 343,200 352,584 Farmers Branch 9 048 331,175 340,223 Addison 5 832 21 2,875 218,707 University Park 2.040 NA 2,040 Highland Park 1 248 NA 1,248 Rowlett 792 28,925 29,717 Coppell 528 19,175 19,703 Cockrell Hill 120 4,550 4,670 Glenn Heights 96 3,575 3,671 Buckingham 24 975 999 TOTAL $249,625 $3,236,675 $3,486,300 - NA - Not Available to this jurisdiction. 06/28/89 Page 8 EXHIBIT B GUIDELINES FOR THE LOCAL ASSISTANCE PROGRAM As Approved by the DART Board of Directors on June 27, 1989 BACKGROUND The draft Transit System Plan presented to the DART Board on April 4, 1989, proposed the implementation of a Local Assistance Program (LAP) consisting of a Capital Assistance Program (CAP) and Technical Assistance Program (TAP). The Board passed a resolution on April 11, 1989 further defining the Local Assistance Program and allocated $13 million for CAP and $1 million for TAP per year for seven years. Both programs are proposed to commence on July 1, 1989. The Capital Assistance Program provides financial assistance, to member cities not scheduled to receive rail service during the first seven years of implementation of the Transit System Plan (all cities except the Cities of Dallas, University Park and Highland Park), for the implementation of projects which would complement and accommodate bus and public transit operations, improve transit service and reduce interference with other traffic as well as make traffic engineering improvements, known as Transportation System Management (TSM) projects. The Technical Assistance Program is intended to provide financial resources for staff support to all member cities and Dallas County to develop and implement comprehensive local transit plans and programs in concert with DART's regional transit service and plan the projects to be included in the Capital Assistance Program. The Board of Directors approved these guidelines on June 27, 1989 for incorporation into an Interlocal Agreement with each member jurisdiction. Page 1 TECHNICAL ASSISTANCE PROGRAM PURPOSE Provides funding to support transportation planning activities to develop and implement comprehensive local transit plans and programs in concert with DART's regional transit service and plan the projects to be included in the Capital Assistance Program. Eligible jurisdictions include all DART member towns and cities and Dallas County. Uses of funds may include, but are not limited to: 1. Transit Planning, Feasibility and Design Studies. 2. Salaries for new or existing city and Dallas County staff time specifically allocated for transportations planning and/-or studies, or interface with the DART staff on activities effecting the subject city and Dallas County. 3. Technical assistance seminars. 4. Study and implementation of transit-supportive land use planning policies and other policies that benefit the public transit. 5. Minor capital support for technical staff. 6. Use of funds by Dallas County will be limited to transportation planning within DART member city service area. Each eligible jurisdiction shall enter into an Interlocal Agreement for use of its share of TAP funds. At the option of an eligible jurisdiction, it may combine TAP funds with Capital Assistance Program (CAP) funds to increase the CAP account. Page 2 TECHNICAL ASSISTANCE WORK PROGRAM Prior to the beginning of each fiscal year, (July 1 for FY 1989), each eligible jurisdiction shall prepare and submit to the Technical Advisory Staff Committee a "Technical Assistance Work Program" for review and recommendation of approval by the Planning and Development Committee. The Technical Assistance Work Program will outline the projects or programs anticipated to be funded with TAP funds for that fiscal year. This effort will be coordinated with DART staff. The total cost shall not exceed the allocated funds for that fiscal year and any unexpended funds from previous years. In FY 1989, the TAP is proposed to commence on July 1, 1989. ALLOCATION AND DISTRIBUTION OF FUNDS Each member city will be allocated funds based on its proportionate share of sales tax contributed the previous fiscal year. Dallas County will be eligible for four percent (4%) of the total yearly allocation. Allocation and distribution to eligible jurisdiction will take place at the beginning of the DART fiscal year (October 1 of each year) with the exception of FY 1989, when 25% of the yearly allocation will be distributed on July 1, assuming approval of the LAP by the Board. See Table 1 for the FY 1989 allocation. In FY 1996, 75% of the yearly allocation will be distributed since the program will end on June 30, 1996. TAP funds will be maintained as separate line items in the DART Annual Budget (along with the investment earnings on each such account) for each eligible jurisdiction. Eligible jurisdictions wishing to accumulate funds over several years may do so, or they may choose not to participate in the program. Allocated funds may be carried over to succeeding years. No later than one month after the close of each 'fiscal year, each eligible jurisdiction shall prepare and submit to the Technical Advisory Staff Committee an accounting of the expenditure of Technical Assistance Program funds for the prior fiscal year. Page 3 CAPITAL ASSISTANCE PROGRAM PURPOSE The purpose of the Capital Assistance Program (CAP) is to return to each member city not scheduled to receive light rail service during first seven years of new service plan, a portion of the 1% sales tax revenues collected in that member city for TSM-type projects, as well as projects which would improve bus and public transit services and reduce interference with other traffic. CATEGORIES OF CAPITAL ASSISTANCE PROJECTS Each city shall enter into an Interlocal Agreement for use of its share of CAP funds. This agreement will include a list of "Categories of Transit Related Projects" to be used as a guide for the cities in developing a list of potential projects. Projects shall be consistent with projects presently authorized by DART's enaDlihg statute, Article 1118y V.A.C.S. See "Categories of Transit Related Projects" at the close of this section. Each city should use the funds in the manner they believe will have the most impact on improving transit and traffic flow within and through their boundaries. All project justifications will be the sole responsibility of the city requesting the project. Prior to the beginning of each fiscal year (October 1), (July I for FY 1989), each city shall prepare and submit to the Technical Advisory Staff Committee a "Program of Capital Assistance Projects" for review and recommendation of approval by the Planning and Development Committee. This effort will be coordinated with DART staff. The total cost of these projects shall not exceed the allocated funds for that fiscal year and any unexpended funds from previous years. "Categories of Transit Related Projects" 1. Intersection Improvements A. Additional Row B. Additional right and left turn lanes C. Increased Radii D. Bus turn out areas E. Other capacity improvements 2. Roadway Capacity Improvements with transit services Page 4 3. Computerized Traffic Signal System 4. Midblock bus turn out areas 5. Small park and ride lots 6. Grade separation construction 7. Curb ramps (HandiRide) 8. Sidewalks at transit facilities 9. Traffic Surveillance and Control Equipment 10. Vehicles and support equipment directly related to the provision of transit service 11. Employer Side Assistance (subsidy, additional service) 12. Additional Technical Assistance Service 13. Project enhancing the flow of multi-occupant vehicles 14. Final Engineering and Design of CAP projects 15. Support of State Department of Highways and Public Transportation projects that directly benefit eligible jurisdictions such as Principal Arterial Street System (PASS) and Federal Aid Urban Systems (FAUS) programs and other locally-funded projects. REVIEW OF PROJECTS All programmed projects shall be submitted to the DART staff for review, comment and operational approval. Each city will report quarterly on the progress of approved projects. All improvements and/or facilities constructed with CAP funds become the property of the constructing city and maintenance of the facility becomes the responsibility of the city. ALLOCATION AND DISTRIBUTION OF FUNDS Each eligible city will be allocated funds based on its proportionate share of sales tax contributed the previous fiscal year. This allocation will be calculated no later than one month prior to the beginning of the fiscal year and transmitted to the member jurisdiction. For FY 1989, 25% of the yearly allocation will be available on July 1, 1989. See Table I for the FY 1989 allocation. In FY 1996, 75% of the yearly allocation will be available since the program will end on June 30, 1996. CAP funds will be maintained as separate line items in the DART Annual Budget (along with the investment earnings on each such account) for each eligible member jurisdiction. Cities wishing to accumulate funds over several years' may do so, or they may choose not to participate in the program. Allocated funds may be carried over to Page 5 succeeding years. There will be no competition for these funds among the cities. CAP funds will be distributed to a city for an approved projects according to the following schedule. Project cost of less than $100,000 90% of the cost upon approval by the City Council. 10% at the closeout of the project by the city. Project cost of over $100,000 20% of the cost upon approval by the City Council. 70% of the cost upon Notice To Proceed by the city. 10% at the closeout of the project by the city. INTERCITY COOPERATION AND COORDINATION Adjacent cities are encouraged to select projects which will facilitate the flow of intercity transit and traffic. Cities may undertake cooperative projects with other DART cities under this program. WITHDRAWAL OF A MEMBER CITY AND ADDITION OF NEW MEMBER CITIES If a city withdraws from DART, the annual CAP and TAP fund total will be reduced by that cities' annual allocation, thereby keeping remaining cities with the same funding level. (With the withdrawal of Flower Mound, the CAP total is $12,946,700 and the TAP total is 998,500.) Individua_l___pr..oj_ects for~ which construction contracts have been executed -by the city and a construction company prior to withdrawal of a city will be funded and permitted to proceed to completion. Upon withdrawal, all remaining funds revert to DART. Likewise, if a city joins DART, the CAP and TAP annual fund total will be increased by that cities' annual percentage contribution to the DART tax base. ADDITIONAL FEATURES OF THE LAP PROGRAM AssumiP, g--approval- of- the- Transit System-Plan-on-June -27-,- 1989~-.L-AP.--will commence on July 1, 1989 with a three month program at 25% of yearly allocation (through September 30, 1989) then continuing through June 30, 1996, a period of seven years. On July 1, 1989, $3,236,675 in CAP funds and $249,625 in TAP. funds will be allocated for FY 1989. Page Cities and DART will develop a simple project programming, application, review and approval, reporting and invoicing process. DART will develop a programming document for LAP and assemble a quarterly progress report based on input from the member cities. Each construction project will display at least one sign on each approach to the site indicating funding for that project is provided through the DART Local Assistance Program. Page 7 TABLE 1 DALLAS AREA RAPID TRANSIT LOCAL ASSISTANCE PROGRAM JULY I TO SEPTEMBER 30, 1989 TOTAL TECHNICAL CAP ITAL LOCAL ASSISTANCE ASSISTANCE ASSISTANCE JURISDICTION PRCX3RAM PROGRAM PROGRAM Dallas $147,888 NA $ 147 888 Irving 20,664 $ 756,275 776 939 Piano 16,416 600,600 617 016 Garland 12,984 475,150 488 1 34 Richardson 12,576 460,200 472.776 Dallas County 9,985 NA 9 985 Carrollton 9,384 343,200 352 584 Farmers Branch 9,048 331,175 340 223 Addison 5,832 212,875 218,707 University Park 2,040 NA 2,040 Highland Park 1,248 NA 1,248 Rowlett 792 28,925 29,717 Coppell 528 19,175 19,703 Cockrell Hill 120 4,550 4,670 Glenn Heights 96 3,575 3,671 Buckingham 24 975 999 TOTAL $249,625 $3,236,675 $3,486,300 NA - Not Available to this jurisdiction. 06/28/89 Page 8 Minutes of August 8, 1989 The City Coumctl of the City of Coppell met in a special called Executive Session on Tuesday, August 8, 1989, at 6:30 p.m. in the Council Executive Chambers of Town Center. Those members present were: Mark Wolfe, Mayor Dean Wilkerson, Mayor Pro Tem David M. Thomas, Councilman Tom Morton, Councilman Bill Smothermon, Councilman (late arrival) Jim Cowman, Councilman Ron Robertson, Councilman John A. Nelson, Councilman A18o present were City Manager Aian D. Ratliff, City Attorney Larry Jackson and City Secretary Dorothy Timmons. Item 15A: Discussion and consideration of approving and adopting an interlocal agreement between DART and the City of Coppell that implements and provides for financial assistance on selected and approved projects and authorizing execution of said agreement. Item 15B: Discussion and consideration of approving and submitting a Local Assistance Project to DART for their review and consideration of returning a portion of the 1% Sales Tax Revenues for funding of the project; schematic design plans for improvements to the intersection of Sandy Lake Road and MacArthur Boulevard. Following presentation and discus6ion of this item, Councilman Morton moved that the Interlocal Agreement between DART and the City of Coppell be approved and that the schematic design for the improvements to the intersection of Sandy Lake Road and MacArthur Boulevard be approved. Councilman Smothermon seconded the motion: Mayor Pro Tem Wilkerson then called for division of the question. The question of the Interlocal Agreement carried 7-0. The improvements to Sandy Lake Road and Mac Arthur Boulevard intersection also carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion.