HomeMy WebLinkAboutResolution - 2001-R0065 - Agreement For Issuance Of Toll Credits On Public Transportation Projects - 02/22/2001Resolution No. 2001—R0065
February 22, 2001
Item No. 33
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for Issuance of Toll
Credits on Public Transportation Projects pertaining to a park and ride lot and associated
facilities at l Ot" Street and Memphis Avenue by and between City and the Texas
Department of Transportation, a copy of which Agreement is attached hereto, and any
associated documents, which Agreement shall be spread upon the minutes of this Council
and as spread upon the minutes of this Council shall constitute and be a part hereof as if
fully copied herein in detail.
Passed by the City Council this 22nd day of February '2001.
1
WINDY SITT s N, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Richard Burdine, Assistant City Manager
VED AS TO FORM:
DoAald G. Vandiver, First Assi-sTant City
Attorney
DDres/TxDotTo11.res
February 5, 2001
At
Resolution No. 2001—R0065
February 22, 2001
Item No. 33
STATE OF TEXAS §
THE COUNTY OF TRAVIS
State Project Number: TC 0101( 05)
AGREEMENT FOR ISSUANCE OF TOLL CREDITS
ON PUBLIC TRANSPORTATION PROJECTS
THIS AGREEMENT IS MADE by and between the State of Texas, acting through the Texas
Department of Transportation hereinafter called the "State," and City of Lubbock, hereinafter called
the "Transit Provider."
WHEREAS, on May 9, 1995, FTA published notice in the Federal Register describing innovative
financing techniques that could be utilized to enhance the effectiveness of capital investment
programs; and,
WHEREAS, 23 U.S.C., Section 1200) permits states to use certain toll revenue expenditures
generated and used by public, quasi -public and private agencies, to build, improve or maintain
highways, bridges, or tunnels that serve the public purpose of interstate commerce, provided that the
agencies have built, improved or maintained those facilities without federal funds, as credit toward the
non-federal matching share of programs authorized by Title 23 (except for the Federal Highway
Administration's emergency relief program funds) and for transit programs authorized by Chapter 53
of Title 49; and,
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist agencies in procuring
aid for the purpose of establishing and maintaining public and mass transportation projects as defined
under Transportation Code Chapter 456; and,
WHEREAS, the Transit Provider has requested that the State issue toll credits and the Texas
Transportation Commission has determined that granting the Toll Credits for 247,579 is beneficial,
appropriate and meets the requirements of 23 U.S.C., Section 1200), and issued Commission Minute
Order No. 108381 dated December 14, 2000, authorizing the use of Toll Credits:
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set
forth, the State and the Transit Provider agree as follows:
AGREEMENT
I. The State shall issue 247,579 Toll Credits to the Transit Provider for the project described in
Attachment A, Project Description.
II. The Transit Provider may count the Toll Credits as local match (soft match) for Federal grant
funds.
III. The Transit Provider must use the Toll Credits for transportation capital investment as
described in Attachment A, Project Description.
IV. Unused Toll Credits must be returned to TxDOT.
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V. A combination of toll credits and The Transit Provider's. local (non -toll) match may be used to
satisfy federal match ratios.
VI. The Transit Provider binds itself, its successors, assigns, executors, and administrators in
respect to all covenants of this agreement. The Transit Provider shall not assign, sublet, or
transfer its interest in this agreement without the written consent of the State.
VII. 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 thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
VIII. This agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parities respecting the
issuance of Toll Credits for the subject Project.
IX. The undersigned signatory for the Transit Provider hereby represents and warrants that she/he
is an officer of the organization for which she/he has full and complete authority to enter into
this agreement on behalf of the organization.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts. RECIPIENT
of Lub ck ATTEST: q�
Y'
Windy Sittonj Mayor Rebecca Garza, City Secretary
Date: February 22. 2001
PROVED AS TO CONTENT:
ki / b' -D
Ric lard Burdine D na d G. Vandiver
Assistant City Manager First Assistant City Attorney
THE STATE OF TEXAS
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out a orders, established policies or work programs heretofore
approved and authorized by *xas5 Transport;fipn Commission.
By:
Signature
Date:
Typed Name:
Title:
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