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HomeMy WebLinkAboutResolution 3371-06-2006A Resolution NO 3371-06-2006 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR RECEIPT AND USE OF SUSTAINABLE DEVELOPMENT PROJECT GRANT FUNDS FOR THE WEST BERRY STREET DEVELOPMENT PROJECT (WEST BERRY STREET FROM UNIVERSITY DRIVE TO WAITS AVENUE) WHEREAS the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy board associated with the North Central Texas Council of Governments ("NCTCOG"), and is the regional forum for cooperative decisions on transportation, and, WHEREAS on January 19 2006, the City Council adopted M&C G 15065 authorizing the Crty Manager to nominate the West Berry Street/Grand Marc Project ("Project") for the NCTCOG Sustainable Development Program for streetscape improvements along West Berry Street between University Drive and Warts Avenue, along University Drive between Berry Street and Bowie Street, and around the Grand Marc building on Warts, Green, Bowie, and West Berry Streets, and WHEREAS the Crty of Fort Worth submitted a sustainable development project application for the West Berry Street/Grand Marc Project to NCTCOG pnor to the January 20 2006 deadline; and, WHEREAS on February 24 2006, NCTCOG nominated the Crty of Fort Worth ("City") to receive a grant in the amount of $2,400 000 (the `Grant") through the Sustainable Development Program for the Prod ect; and WHEREAS on April 14 2005 the Regional Transportation Council approved $40 61 million for the current Sustainable Development Call for Projects, and on April 13 2006 approved funding m the amount of $2,400 000 for the Project; and, WHEREAS the Regional Transportation Council approved the `Resolution Estabhshmg Management of Sustainable Development Projects" on May 11 2006 and, WHEREAS the Regional Transportation Council required the submittal of this resolution prior to the execution of an mterlocal agreement with the North Central Texas Council of Governments, and, WHEREAS the City of Fort Worth will serve as the lead Project contact; and, Resolution No 3371-06-2006 WHEREAS the City of Fort Worth supports the overall land use concept and development of the Grand Marc development and Project scope as applied for in the original Sustainable Development Call for Projects application (Attachments 1 3) endorses the Project scope, confirms participation of private sector partners (Texas Christian University and Phoenix Properties) and approves project timing to be complete by May 1 2009• and, WHEREAS the City of Fort Worth will fund or pass through funds from the private sector for a minimum local cash match of 20 percent ($600 000) of the total project cost ($3 000 000) The local cash match will be paid prior to receipt of the Notice to Proceed and will be reimbursed m its entirety when expenditures reach 80 percent of the Project total. Additionally 80 percent of the total Project cost will be reimbursed upon completion of the project; and, WHEREAS the City of Fort Worth has received a letter of pre-award authority from NCTCOG indicating that pedestrian infrastructure improvements constructed on the GrandMarc Development block (estimated at $400,530) prior to receipt of a Notice to Proceed from NCTCOG will be eligible for use as part of the local match upon adoption of this resolution, execution of an interlocal agreement with NCTCOG and receipt of a Notice to Proceed from NCTCOG• and, WHEREAS the City of Fort Worth will be responsible for any cost overruns, not the Regional Transportation Council, and, WHEREAS infrastructure built with local funds will follow the administrative process and design standards of the City of Fort Worth. If federal funds must be used, the City of Fort Worth supports the use of state and federal design guidelines, and, WHEREAS the City of Fort Worth acknowledges that all funding is handled on a reimbursement basis. Expenditures in excess of the local match amount of $600 000 made prior to signing an interlocal agreement on the project and receipt of a Notice to Proceed will not be eligible expenses, and, WHEREAS the Crty of Fort Worth selects Option 1 `Standard Practice Option as outlined m Attachments 4 and 5 and will therefore not assume the risk associated with Option 2, and, WHEREAS as of June 20 2006 this Project does not require special exceptions, variances or require action on other outstanding local regulation issues, and, WHEREAS the Crty will utilize the Grant funds for work on the Project as outlined m an mterlocal agreement that the Crty must execute with NCTCOG m accordance with the Project Scope descriptions and project total as described m Attachment 6 The Crty Manager will have the authority to move funds between the categories as needed, as long as the total project cost is not exceeded, and, ~~~ Resolution No 3371-06-2006 WHEREAS City of Fort Worth concurs with the Regional Transportation Council resolution (Attachment 7) and program rules (Attachment 8) with the exception of the provision that expenditures made prior to signing an mterlocal agreement on the project will not be eligible expenses, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH THAT The Cnty Council hereby authornzes the City Manager to execute an Interlocal Agreement with NCTCOG and/or Texas Department of Transportation for recenpt of Grant funds for the West Berry Street/Grand Marc Project. AND IT IS SO RESOLVED Adopted t~hns u!2,Oth day of June , 2006 i ~~ ~' ~ ~•. ATTEST •~ ~. r t. _'... r { ~`~ .. °~' ~ APPROV~Q -~ =B~ `,Y~ _ ~~ _~~ _ CITY CO~I~~G ~!~ ..,, y, ~. -----------.~-~ - --------- - ~%rt. Marty Hendr,nx JUN 2 0 2UU6 City Secretary Clty SeCretBF~' cei til~ City o[ Fort Worth, Texas ~~~ Resolution No 3371-06-2006 Attachment 1 West Berry Street Project Description Tlns proposal would enhance the streetscape of West Berry Street to complement the Grandmarc development in the Berry/LJniversrty urban village and the Texas Christian University campus. These proposed street enhancements would extend Phase One of the Berry Street Project (a street reconstruction project on West Berry Street) to include three blocks between Umversrty Street and Warts Avenue, improvements along University Drive to Bowie Street, and serve the Grandmarc development project and Texas Christian Umversrty campus. Construction has recently begun on Phase One between Warts Avenue and Forest Park Avenue. West Berry Street is currently a six lane arterial with no median or landscaping. These three blocks will be designed to comply with the vision of the Berry Street Revrtahzation Plan, and will follow the design elements as established m the Construction Documents for Phase One. The design elements include articulated intersection designs, landscaped medians, widened sidewalks, on-street parking, landscaping along the street's edge, and street furniture. The Grand Marc development mixes ground floor retail with residential on the upper floors. The project also includes structured parking located between the two sections of the building to serve both residents and patrons of the businesses. This vertically integrated project occupies the entire block area facing Bowie Street on the north, Warts Avenue on the east, Berry Street on the south, and Greene Avenue on the west. The ma~onty of this block has been occupied by surface parking to serve the TCU campus. The Grand Marc development and the proposed streetscape enhancements directly address the focus areas of the Sustainable Development Program. The Grand Marc is located a half mile from the intersection of Cleburne Road and Berry Street, which has been designated as a future rail station m NCTCOG s Regional Rail Corridor Report. In addition, this mfill project replaces a surface parking lot with a vertical mixed-use building m a low income area (CDBG eligible) A Neighborhood Empowerment Zone (NEZ) has been created around the Berry/LTmversrty urban village. O O N 0 M M O z 0 0 0 T A~ W O ~I` W 0 V L C~ ~. W L ~1~+ L L m ~+ ~1 J Attachment 2 s a i ~ I I ~a. ~~ :h~ ® ~ ~~ ~ E~ ~f ~2 ~ ` . , ~ ~, .ti.: ~~~ #Z -r, ~~'` # I It 4 ~. J Y ~' ~' ~ L~- ~ ~. ~.{ - .f _ \>~ H" •t?b~~ it :~ .~ `~ :~ /N ~ .i ~ i ~ O U ~ ~ v •~ 4- Q1 ~ +-' • ''"' '~ (~ ~ fA fA N ~ = O ~ C G ~ U C U U~ N _ ~ Q ~ ~ N U ~ ~ E U ~ ~ ` U ~ (Cj U N U t~ C am- U ~ C O ~~ ~ ~ U 'C N D N U S ~ ,-• LL. p C N U C E p U o~ Z' L ~~ cV M N ~ m Q ~ v Q ~ N'"' U ~ O"-T ~ ~ N U.~ a. cts •~ ~ CO ~ ~ N N ~ ~ ~ v ~ N U cQ~ ~ y N ~ N.Q~ U c ~ ~~ N ~ ~ ~ L2 ~ j ~ ~ ~ C ~ p N ~ ~ ~ ~ ~ ~ ~ y ~ ,,~ U ~ ~- ~ ~ cv N C d .~ ~ ~ ~ ~ . ~ ~ a~i Z' ~ c ~ ,,d~.~ ~y '~ ~ a ~ cn c~ ~ °'m ~ QQ =z ~ • • • a ci~v a L ~_ .C 0 y V oR •` x v L O N H C = O ~ as N~ ~ *: - R ~ > a'a` c'^ ~o a E`o d '~' t3 U o ~o ~~ d ~~ c c ~~ rN r~ ZN ~~~ ~~ ., Y~ O O N 0 M M ~~ A~ W ~^ ii 0 A/ W ,0 V •L V W^^ i.~ /~ V N L ••~^ V• L L A~ W Attachment 3 ~~ .. .y i d >_ ~C t ~ ~ C O c6 y 1i U O ~ ~ d U~ O ~ N H C C O Q. aN N ~ ~.. .n > 3 'C as c~ ~a` c d° o ~o t7 U O ~ '~ £ ~o c~ > m ~' ~a . m r W c~ c5' ~ t~ ~o ZN ~i~~ Y: Resolution No 3371-06-2006 Attachment 4 --- - TIP # , ~ Project Name - Lead Project Sponsor RTC Local Second ~ Funds i Sponsor ~ PP ~ A roved Required Local R~ Match ~ A _ _ _ - West Berry Streetscape Grand Marc -~----- -- City of Fort Worth -__ N/A $2,400 000 $600 000 Ju ~imbursement vailable Date ne 06 Resolution No 3371-06-2006 Attachment 5 NCTCOG Sustainable Development Call for Projects Project Implementation Process RTC Action to Approve Sustainable Development Projects (04/13106) 1 Lead Public Sponsor chooses Option 1 `Standard Practice Option" i Resolution of Governing Body submitted to NCTCOG (no later than 5 p.m., July 14, 2006)' i RTC Action to Approve Project Scope and Placement in TIP 1 Sign Interlocal Agreement with NCTCOG' 1 Lead Public Sponsor provides 20% cash match to NCTCOG 1 NCTCOG issues Notice to Proceed z 1 Begin construction using `Project Staging" date as a start date 1 Collect invoices for 80%RTC Local Fund portion 1 Reimburse 20% local µmatch 1 Reimbursement of 80°A RTC Local Fund portion upon completEOt1 i Lead Public Sponsor chooses Option 2, `Local Float Option" 1 Resolution of Governing Body submitted to NCTCOG (no later than 5 p.m. July 14, 2006)' 1 RTC Action to Approve Project Scope and Placement in TIP 1 Sign Interlocal Agreement with NCTCOG' 1 Lead-P~~lc-5per~sor-p~avides-2-0°J°-sash matc+~ te-NG-T-GA6 j NCTCOG issues Notice to Proceed (at sponsor's risk/ s, s 1 Begin construction on a locally set time schedule 1 Project Completion ~_ =Reimbursement of $0% RTC Local Fund portion after assigned "Project Staging.., Group" date ' Fqr Lead .Project Sponsors without land use authority, the City within which the projecf is located moat also provide a Goveming'.Body Resolution and sigCt the Interlocal Agreement. z Expenses incurred prior to Notice to Proceed are ineligible for reimbursement. a Project may proceed however NCTCOG reimbursement is contingent upon NCTCOG recei t of RTC Local Funds. Revised May 2006 age 1 of 2 Resolution No 3371-06-2006 NCTCOG Sustainable Development Call for Projects Required Lead Public Sponsor Decision Regarding Project Start Date The impact of the staging group on project timing is dependent on a local choice between two options. Option 1 `Standard Practice Option means the project waits until funds for the project are in a North Central Texas Council of Governments (NCTCOG) account. Option 2, Local Float Option means the project begins after NCTCOG signs a contract with a local agency providing RTC Local Funds to NCTCOG and the local project sponsor (public or private) 'floats the project until NCTCOG receives payment of RTC Local Funds to a NCTCOG account. A required element of the Governing Body Resolution is the lead public sponsor decision to select Option 1 or Option 2 In either case, transportation improvements cannot be reimbursed prior to the assigned project staging" date OR Option 1 'Standard Practice Option Lead public sponsor uses the assigned project staging" date as a start date for the project, pending the receipt of a Notice to Proceed If RTC Local Funds are not available due to a default of local funds being paid to NCTCOG the project may be switched to federal funding This default situation would require a new contract with TxDOT and may result in a delay in the project. For example this default situation would occur if a NCTCOG member local government with a contract with NCTCOG to make payment of RTC Local Funds to NCTCOG is in violation of their contract with NCTCOG Option 2 Local Float Option Lead public sponsor uses the assigned `project staging" date as a date for reimbursement only and begins the project on a locally set time schedule that begins after a project agreement is signed with NCTCOG Staff is authorized to develop interlocal agreements with RTC Local Funds that allow immediate construction with reimbursement to the lead public sponsor contingent upon the receipt of RTC Local Funds by NCTCOG. Please note NCTCOG will not sign Sustainable Development Project interlocal agreements until NCTCOG signs agreement(s) to receive RTC Local Funds. If a lead public sponsor selects this option choosing to move forward and complete their project prior to the assigned reimbursement date the lead public sponsor will be at risk" with regard to the default of local funds being paid to NCTCOG This option may preclude switching to Federal Funds in the event that RTC Local Funds are unavailable For example, this default situation would occur if a NCTCOG member local government with a contract with NCTCOG to make payment of RTC Local Funds to NCTCOG is in violation of their contract with NCTCOG Revised May 2006 Page 2 of 2 Resolution No 3371-06-2006 Project #• Project Name ATTACHMENT 6 NCTCOG Sustainable Development Call for Projects Project Scope for West Berry Street 337 West Berry Streetscape Grand Marc Category 'Description gud get Sidewalks crosswalks benches trash receptacles Pedestrian Amenities shade trees, li htin edestrian laza $283,030 00 Construction of new/extended trails or connection to existing/planned trail route signage landscaping Bic cle Trail li htin , e ress/access from existin /tanned trail $0 00 Installation of landscaping features along Landsca in trans ortation facilities $0 00 Pedestrian shelters pedestrian linkages to transit center signage passenger waiting areas trash Bus Transit rece tacles, landsca in $0 00 Station construction pedestrian linkages to station Rail Transit si na e, landsca in $0 00 Signal installation signal retiming equipment Traffic Si pals u rades $226,420 00 Left turn lanes right turn lanes improvements to Intersection Im rovements' intersection eomet ,landsca in $0 00 Capacity expansion reconstruction frontage road Street Construction z ad'ustments, ram reversals, landsca in $2 490 550 00 TOT , , AL PROJECT COST (Federal + Local Funds) 'Required Information for Intersection Improvements $3,000,000 00 Description of exact intersection of cross streets Description of the work to be performed on each approach to intersection z Required Information for Street Construction Street Name West Ber Street and Universit Drive To/From Limits West Berry Street between University Drive and Waits Avenue Universit Drive between Ber Street and Bowie Street Number of Lanes Reducing seven lane to four lane plus median/turn lane and on-street arkin Divided/Undivided Facilit Resolution No 3371-06-2006 A##achmen# 7 RESOLUTION ESTABLISHING MANAGEMENT OF SUSTAINABLE DEVELOPMENT PROdEC7'3 R06-05 WHEREAS the North Central Texas Council of Governments has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law• and, WHEREAS the Regional Transportation Council comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Govemments, and has been and continues to be a foram for cooperative decisions on transportation; and WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone, and air quality impacts the public and economic health of the entire region, and, WHEREAS the Regional Transportation Council is responsible for air quality conformity and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas, transportation plans and improvement programs conform to the applicable air quality implementation plan, and, WHEREAS the Regional Transportation Council's first Sustainable Development Call for Projects successfully implemented a wide variety of projects and was awarded the inaugural Smart Moves. Transportation Strategies for Smart Growth Award sponsored by the Environmental Protection Agency the American Association of.State Highway and Transportation Officials, and the Federal Highway Administration; and, WHEREAS, the Regional Transportation Council approved $40 fit million for the current Sustainable Development Call for Projects on April 14 2005, and, WHEREAS on April 13, 2006 the Regional Transportation Council approved the projects under the Sustainable Development Call for Projects, the use of Regional Transportation Council Local Funds pending the receipt of local funding agreements} and the requirement that a resolution of the lead public sponsor's governing body for each project be submitted to NCTCOG offices by 5 p.m July 14 2006. NOW THEREFORE, BE IT HEREBY RESOLVED THAT Section 7 The Regional Transportation Council approves the project scope and timing for inclusion in the Transportation Improvement Program after receiving Governing Body Resolutions for individual projects Sectivn 2. Standard practice is to issue a notice to proceed in the year that funds are available In order to expedite benefds of the program staff is authorized to develop agreements that allow immediate construction with reimbursement pending receipt of Regional Transportation Council Local Funds.. The lead Public Sponsor will sign an agreement #hat states they understand the risk of such construction.. Resolution No 3371-06-2006 Section 3. Funds returned from infrastructure investments and planning projects unable to move forward will be reallocated to the next Sustainable Development Call for Projects Section 4. Selected land banking projects will be required to return to the North Central Texas Council of Governments, at a minimum, the Regional Transportation Council Local Funds upon resale or lease of land acquired under the program Reasonable costs will be considered. A Land Banking Program wil! be established for future projects Section 5. The Land Banking Program is to be administered as land acquisition for economic development purposes Section 6. Regional Transportation Council action is required to reprogram funds from any Sustainable Development Program or Projects Section 7. This resolution will be transmitted to ai! local governments with Regional Transportation Counci! selected projects under the Sustainable Development Call for Projects Section 8. Thi resolution shall be in effect immediately upon its adoption c Wendy Davis, Ch it Regional. T~ranspo tion Council Councilmember City of Fort Worth I hereby certify that this resolution was adopted. by the Regional Transportation Council of the North Central Texas Council of Governments for fhe D Ilas-Fort Worth Metropolitan Area on May 11 2006 T Oscar Trevino, P,E Secretary Regional Transportation Council Mayor City of North Richland Hills Resolution No 3371-06-2006 Attachment 8 RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS General Conditions Project applicants may access the online application beginning November 1 2005 at: www.dfwinfo.com/trans/landuse/joint venture/2005.html Online applications must be submitted by 5 p.m., January 20 2006 2 In addition to an electronic submittal all applicants must submit two paper copies of a completed and signed application to NCTCOG offices by 5 p.m., January 20 2006 Incomplete applications or those not received by the deadline will not be accepted Supplemental information will not be accepted after the deadline 3 Projects must be consistent with the Regional Transportation Council approved Screening/Project Selection Process and the Regional Transportation Council approved Sustainable Development Areas of Interest.. 4 Projects may be funded with federal or local funds Projects built with federal funds will follow the standard Texas Department of Transportation (TxDOT)/Federal administrative process and design standards Projects built with local funds will follow the administrative process and design standards of the public sector sponsor under an interlocal agreement with NCTCOG 5 All funding is handled on a reimbursement basis and expenditures made prior to signing an agreement on the project will not be eligible expenses If federal funds are involved expenditures made prior to receipt of a Federal Project Authorization and Agreement (FPAA) are not eligible 6 A public agency must sponsor each application The sponsoring public agency will serve as the lead project contact. 7 All projects require a minimum local cash match of 20% of the total project cost. Over-matching the project is allowed 8 Cost overruns will not be the responsibility of the Regional Transportation Council Local partners will be responsible for any cost overruns RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 1 Resolution No 3371-06-2006 9 The Western subregion allocation is $12 59 million The combined total requests from each individual public sector agency in the Western subregion shall not exceed this amount. General Conditions (continued) 10 The Eastern subregion allocation is $28 02 million The combined total requests from each individual public sector agency in the Eastern subregion shall not exceed this amount. 11 The Regional Transportation Council will approve all final projects and funding levels 12 The Regional Transportation Council reserves the right to remove funding from a project that is no longer supported by both local partners 13 The Regional Transportation Council reserves the right to remove funding from a project for which the local sponsor is unable or unwilling to sign a local agreement to implement the project or cannot provide the required 20% local match 14 All funds that are unexpended or removed from a project return to the regional Sustainable Development Program for future funding. initiatives Conditions for Local Sustainable Development Planning Programs 1 No individual project funding request may exceed $300 000 2 Proposals must create the planning foundation or strategic assistance necessary for a development project that would be eligible and competitive for the Sustainable Development Call for Projects Applicants are encouraged to submit Sustainable Development programs that include (but are not limited to) objectives creating urban design standards for an area, creating a tax increment refinance zone or implementing a public outreach campaign promoting livable communities 3 No private sector sponsor is required Conditions for Land Banking Projects 1 The Regional Transportation Council has established that no more than 20% of the total funding allocated to the Sustainable Development Program be spent on RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 2 Resolution No 3371-06-2006 land banking Thus no individual land banking funding request may exceed $8 1 million Conditions for Land Banking Proiects (continued) 2 Individual project meetings will be required for land banking applicants. NCTCOG staff will schedule these meetings after January 20 2006 3 No private sector sponsor is required 4 The sponsoring public agency must provide to NCTCOG a resolution of its governing body endorsing receipt of the award and' intent to participate in a land banking program within 90 days of Regional Transportation Council action to select the project. Conditions for Transportation Infrastructure Proiects 1 No individual project funding request may exceed $7 million 2 Zoning and development codes necessary to allow the development to be built must be in place by the January 20 2006 deadline 3 A letter of support from an active private-sector partner currently working on a development in the impacted area is required 4 The sponsoring public agency must demonstrate apublic/private partnership Public entities may include a county city transit authority or special district. Private sector partners may include for-profit private developers not-for-profit homebuilders Independent School Districts housing authorities colleges universities tax increment refinance zones and public .improvement districts. Local government support is required for all applications 5 Items ineligible for reimbursement include but are not limited to construction or rehabilitation of private buildings artwork, fountains installation and/or rehabilitation of water and sewer lines parking garages earthwork necessary to raise proposed buildings out of the floodplain and other items not directly related to mobility Certain categories of federal funds may be more restrictive 6 Transportation infrastructure eligible for reimbursement include but are not limited to roadways intersection improvements bus stops sidewalks shade trees, landscaping pedestrian/bicyclist amenities crosswalks bicycle paths transit stations, right of way or easements necessary for transportation facilities Certain categories of federal funds may be more restrictive RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 3 Resolution No 3371-06-2006 Conditions for Transportation Infrastructure Projects (continued) 7 Eli ible transportation infrastructure must be (a) physically located within or along the limits of the proposed development/redevelopment zone or (b) located within walking distance of the proposed project (1/2 mile or less depending on site conditions) or (c) directly related to either the roadway or rail access necessary to make the development viable 8 The sponsoring public agency must provide to NCTCOG a resolution of its governing body endorsing receipt of the award and confirming the private sector partner within 90 days of Regional Transportation Council action to select the project. RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 4 City of Fort Worth, Texas Mayor and Council Communication SUBJECT Adopt Resolution Authorizing an Interlocal Agreement with the North Central Texas Council of Governments for the West Berry Street-Grand Marc Sustainable Development Project, Accept Funds from NCTCOG Texas Christian University and Phoenix Property Inc Authorize a Memorandum of Understanding with Texas Christian University Authorize Transfer of $305 100 from the New Development Fund to the Grants Fund Adopt Appropriation Ordinance Authorize a Non-interest Bearing Loan of $600 000 from the General Fund to the Grants Fund and Authorize Payment to NCTCOG RECOMMENDATION It is recommended that the City Council 1 Adopt the attached resolution to authorize entering into an interlocal agreement (ILA) with the North Central Texas Council of Governments (NCTCOG) for the West Berry Street-Grand Marc Sustainable Development project (Project) 2 Authorize the City Manager to accept Sustainable Development funds in the amount of $2,400 000 from NCTCOG 3 Authorize acceptance of funds from Phoenix Property Inc. in the amount of $95 430 towards the local match authorize the execution of a Memorandum of Understanding or an Enhanced Community Facilities Agreement with Texas Christian University (TCU) as appropriate and accept funds from TCU in the amount of $199 470 towards the local match 4 Authorize the transfer of $305 100 from the New Development Fund to the Grants Fund to use as matching funds for the Project; 5 Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund by $3 000 000 6 Authorize anon-interest bearing loan from the General Fund in the amount of $600 000 to the Grants Fund and 7 Authorize payment of $600 000 to NCTCOG in lieu of administrative fees, with the understanding that these funds will be reimbursed in full upon Project completion DISCUSSION On January 19 2006 (M&C G-15065) the City Council authorized the Planning Department to submit nominations for seven projects for funding through the Sustainable Development Program On April 13 the Logname 22SD WESTBERRY Page 1 of 2 Regional Transportation Council approved funding in the amount of $2,400 000 for the West Berry Street Grand Marc Project. This grant amount requires a local match of $600 000 which brings the total Project amount to $3 000 000 TCU has committed to provide $199 470 towards this local match requirement. The remaining local match will come from an approved Enhanced Community Facilities Agreement, to which Phoenix Property Inc. has committed $95 430 and the City has committed $305 100 In lieu of charging administrative fees NCTCOG requires that the local match of $600 000 be paid before they will issue a Notice to Proceed on the Project. NCTCOG will return these funds to the City when expenditures have reached 80% of the Project total and retain the interest earned to cover administrative costs. Upon approval of this M&C staff will complete the following activities Submit the resolution to NCTCOG on or before Friday July 14 for consideration by the Surface Transportation Technical Committee the Regional Transportation Council and the Executive Board of NCTCOG Upon approval by the aforementioned bodies, work with NCTCOG to execute an interlocal agreement and work with TCU to execute a Memorandum of Understanding or an Enhanced Community Facilities Agreement as appropriate Submit payment of $600 000 to NCTCOG which will be reimbursed in entirety upon completion of the Project. After receipt of a Notice to Proceed issue a request for qualifications from appropriate engineering firms This project is located in COUNCIL DISTRICT 9 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon approval of the above recommendations receipt of the funding and adoption of the attached appropriation ordinance funds will be available in the current operating budget, as appropriated of the Grants Fund TO Fund/AccountlCenters GR76 220001 000203110000 $600,000.00 GR76 5(yARIOUS) 022203110010 $3,000,000.00 GR76 488395 022203110000 $199,470.00 GR76 488395 022203110000 $95,430.00 GR76 472202 022203110000 $305,100.00 GR76 159000 000203110000 $600,000.00 GR76 451409 022203110000 $2,400.000.00 FROM Fund/Account/Centers GG01 136076 0000000 C202 538070 1.79770040783 $600,000.00 $305.100.00 Submitted for City Manager's Office by. Libby Watson (6183) Originating Department Head. Fernando Costa (8042) Additional Information Contact: Scott Bellen (6942) Logname 22SD WESTBERRY Page 2 of 2