HomeMy WebLinkAboutResolution - 2002-R0148 - Contract Agreement - TX Department Of Transportation - 04/25/2002Resolution No. 2002-RO148
April 25, 2002
Item No. 37
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an agreement between the
Texas Department of Transportation and the City of Lubbock for issuance of Toll
Credits on Public Transportation Projects, State Project Number TC 0202 (05), and all
related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this 25th day of April , 2002.
WINDY SITT
MAYOR
ATTEST:
'Q
Rebecca Garza
City Secretary
AP ROVEDJ/ TO CONTENT:
ichard Burdine
Assistant City Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
dh/ccdocs/ TXDOT.Issuance of Toll Credits on Public Transp. Projects
April 12, 2002
Resolution No. 2002—RO148
April 25, 2002
Item No. 37
STATE OF TEXAS §
THE COUNTY OF TRAVIS §
State Project Number: TC 0202( 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.
Page 1 of 3
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.
TRANSIT PROVIDE
By:
Signature
Date: April 25, 2002
Typed Name: Windy S; tton
Title: Mayor
THE STATE OF TEXAS
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs heretofore
approved and authorized by the Tex,j ransportation Commission.
By:
Date:
Typed Name:
Title:
Signature `7— f
-s-
Page 2 of 3
RECIPIENT
ATTEST:
Qgl,n,�
Rebecca Garza
City Secretary
Date: April 25, 2002
APPROVED AS TO FORM:
_Z� - /4- /1e-�
William de Haas
Contract Manager
7":1
D=CONTENT:
Richard Burdine
Assistant City Manager
Resolution No. 2002-RO148
Attachment A - Project Description
Page 3 of 3
03/13/02 16:46 FAX 5124162830 T'XDOT-PUBLIC TRANS.
January 10, 2002
Ms. Margot Massey
Director of Public Transportation Division
Texas Department of Transportation.
125 E. 11th Street
Austin, Texas 78701-2483
D . Massey,
X1001
Resolution No. 2002-RO148
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Z am sure that you are aware that The City of Lubbock/Citibus has been awarded a Section
5309 Discretionary Ean ark in the amount of $1,000,000. This earmark will be used for Phase
H of the Texas Tech University Park and Rude Lot. The City of Lubbock/ Citibus would like
to request toll credits to match the amount awarded in the earmark.
Last year the City of Lubbock/Citibus'received a Section 5309 Discretionary Earmark in the
amount of $990,315, and TxDOT graci6usly awarded toll credits to match. These fonds were
used for Phase I of the Texas Tech park and Ride Lot. The funds awarded this year still will
not complete the project, however the fields will be used to complete as much of the project
as possible. The City of Lubbock/Citibus plans to request another earmark next year. Any
funds awarded will be used to Complete the park and ride lot and purchase expansion buses.
I appreciate your help with this matter and I look forward to seeing you in Austin on January
171h.
Sincerely,
lcz�
John L. Wilson
General Manager
JLW:sg
cc: Mayor Windy Sitton, City of Lubbock
Bob Cass, City. Manager, City of Lubbock
Richard Burdine, Assistant City Manager, City of Lubbock
Arden Hawkins, Chairman, Lubbock Public Transit .Advisory Board
McDonald Transit Associates, Inc. - contract Operator
801 Texas Avenue Lubbock, 'TX 79401 . P.O. Box 2000 Lubbock, TX 79457
(806) 767.2380 • FAX: (806) 767-2387
www.citfbus.com