HomeMy WebLinkAboutResolution 3372-06-2006A Resolution
NO 3372-06-2006
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 ROSEDALE STREET RETROFIT PROJECT
(WEST ROSEDALE STREET FROM MAIN STREET TO FOREST PARK BOULEVARD)
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 authonzmg the City
Manager to nominate the West Rosedale Street Retrofit Project ("Project") for the NCTCOG
Sustainable Development Program for streetscape improvements along West Rosedale Street between
Main Street and Forest Park; and
WHEREAS the City of Fort Worth submitted a sustainable development project application for the
West Rosedale Street Retrofit Project to NCTCOG prior to the January 20 2006 deadline, and,
WHEREAS on February 24 2006, NCTCOG nominated the City of Fort Worth ("City") to receive a
grant m the amount of $300 000 (the `Grant") through the Sustainable Development Program for the
Project; and
WHEREAS on Apnl 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 $300 000 for the Project; and,
WHEREAS the Regional Transportation Council approved the `Resolution Establishing Management
of Sustainable Development Projects" on May I 1 2006 and,
WHEREAS the Regional Transportation Council requires the submittal of this resolution prior to the
execution of an interlocat 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 3372-06-2006
WHEREAS the City of Fort Worth supports the overall landuse concept and development of the mixed-
use development along West Rosedale and Project scope as applied for m the original Sustainable
Development Call for Projects application (Attachments 1 3); endorses the Project scope; confirms
participation of private sector partner {Fort Worth south, Inc.); 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 ($75 000) of the total project cost ($375,000) The local cash
match will be paid prior to receipt of the Notice to Proceed and will be reimbursed in rts 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 will be responsible for any cost overruns, not the Regional
Transportation Council, and,
WHEREAS infrastructure built wrth 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 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 in
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 interlocal
agreement that the City must execute wrth NCTCOG in accordance with the Project Scope descriptions
and project total as described in 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,
WHEREAS crty of Fort Worth concurs wrth the Regional Transportation Council resolution
(Attachment 7) and program rules (Attachment 8)
1~lOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH THAT
The City Council hereby authorizes the City Manager to execute an Interlocal Agreement with
NCTCOG and/or Texas Department of Transportation for receipt of Grant funds for the West Rosedale
Street Retrofit Project.
CITY O~ ~"~R1' ~'iI-~,'r'
Resolution No 3372-06-2006
AleiD IT IS SO RESOLVED.
Adopted this 20th day of _June 2006
ATTEST
.~ ~ '~
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By-'---------- '-=---------
-- - .. ;~
~. Marty ,Hendrix
,~ ~ <~ e
':~ ~tty Secretary s
APPROVED
CITY COUI~lCIL
JUN 2 0 2006
~ ~~~
City S~ ry of the
City of Fort Worth, Texas
.'``~
Resolution No 3372-06-2006
Attachment 1
West Rosedale Street Retrofit Project Description
Projects including Midtown, Oleander Walk, Villages of Samaritan House, and Magnolia
Green along West Rosedale Street from South Main Street to Forest Park call for
streetscape enhancements to increase pedestrian activity The Sustainable Development
funds will contribute to curb extensions, tree planters, on-street parking, native
landscaping m medians, reduction of turn lanes, and pedestrian signals.
Street calming and visual improvements for West Rosedale Street from Main Street to
Forest Park will enhance pedestrian activity Magnolia Green is a planned development
that will include a mix of retail uses and residential units. When the project is completed,
the development will have 178 000 square feet of office space, 139 residential amts,
13 700 square feet of retail space, and a parking structure. This mixed-use project
respects established pedestrian and vehicular grads.
Attachment 2
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Resolution No 3372-06-2006
Sustainable Development Call for Projects
West Rosedale Improvements
Attachment 4
RTC Local
Second Required Reimbursement
TAP # Project Name Lead Project Sponsor Sponsor Funds Local Match Available Date
Approved
leave West Rosedale Improvements City of Fort Worth N/A $300,000 $75,000 Oct-06
blank
Resolution No 3372-06-2006
NCTCOG Sustainable Development Call for Projects
Project Implementation Process
Attachment 5
RTC Action to Approve Sustainable Development Projects (04113106)
1
Lead Public Sponsor chooses
Option 1 `Standard Practice 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'
i
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°I° RTC Local
Fund portion
1
Reimburse 20% local match
1
Reimbursement of 80% RTC Local Fund
portion upon completion
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) ~
i
RTC Action to Approve Project Scope
and Placement in TIP
1
Sign Interlocal Agreement with
NCTCOG~
i
___ _
°,
ma
1
NCTCOG issues Notice to Proceed (at
sponsor's risk) z, s
1
Begin construction on a locally set time
schedule
1
Project Completion
1
__
Reimbursement of 80% RTC Local Fund
portion after assigned' "Project Staging,
Group" date
.._~ ~ _ .
For Lead Project. Sponsors wi#hout land use authority, the City within which the protect is located must also provide a
Governing Body'Resolution and. sign the Interiocal Agreement.
z Expenses incurred prior to Notice to Proceed are ineligible for reimbursement.
s Project may proceed however NCTCOG reimbursement is contingent upon NCTCOG receipt of RTC Local Funds
Revised May 2006 Page 1 of 2
Resolution No 3372-06-2006
NCTCOG Sustainable Development Call for Projects
Attachment 5
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
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
OR
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 3372-06-2006
NCTCOG Sustainable Development Call for Projects
Project Scope for Infrastructure Projects
Project #•
Project Name
325
West Rosedale Improvements
Attachment 6
Category Description Budget
Sidewalks crosswalks benches trash receptacles
Pedestrian Amenities shade trees, li htin edestrian laza $375,000 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 Hats u rades $0 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 2 ad'ustments, ram reversals, landsca in $0 00
TOTAL PROJECT COST (Federal + Local Funds)
~ Required Information for Intersection Improvements
$375,000 00
Description of exact
intersection of cross streets
Description of the work to be
performed on each approach
to intersection
s Required Information for Street Construction
Street Name
To/From Limits
Number of Lanes
Divided/Undivided Facil
Resolution No 3372-06-2006
RESOLUTION ESTABLISHING MANAGEMENT OF SUSTAINABLE
DEVELOPMENT PROJECTS
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 Governments, and has been and continues to be a forum 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 61 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 agreement(s) 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 1 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
Section 2. Standard practice is to issue a notice to proceed in the year that funds
are available In order to expedite benefits 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 that states they
understand the risk of such construction
Resolution No 3372-06-2006
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
will 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 all local governments with Regional
Transportation Council selected projects under the Sustainable Development
Call for Projects.
This resolution shall be in effect immediately upon its adoption.
Wendy Davis Ch it
Regional Transpo 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 the 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 3372-06-2006
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
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.
RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 1
Resolution No 3372-06-2006
Attachment 8
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 Proiects
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
land banking Thus no individual land banking funding request may exceed $8 1
million
RULES FOR NCTCOG'S SUSTAINABLE DEVELOPMENT CALL FOR PROJECTS Page 2
Resolution No 3372-06-2006
Conditions for Land Banking Projects (continued)
Attachment 8
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 Projects
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 ineli iq ble 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 eli ible 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 3372-06-2006
Conditions for Transportation Infrastructure Projects (continued)
Attachment 8
7 Eligible 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 Cb~ncil Communication
COUNCIL ACTION Approved on 6/20/2006 Resolution No 3372-06-2006 & Ordinance No
16999-06-2006
DATE Tuesday June 20 2006
LOG NAME 22SD WROSEDALE
REFERENCE NO **G 15245
SUBJECT
Adopt Resolution Authorizing an Interlocal Agreement with the North Central Texas Council of
Governments for the West Rosedale Street Retrofit Sustainable Development Project, Authorize
Transfer of Funds from Capital Project Funds to the Grants Fund Accept Funds from NCTCOG
Adopt an Appropriation Ordinance 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 Rosedale Street Retrofit Sustainable
Development project (Project)
2. Authorize the City Manager to accept Sustainable Development funds in the amount of $300 000 from
NCTCOG
3 Authorize the transfer of $75 000 from the Street Improvements Capital Project fund to the Grants Fund
for the local match
4 Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grants Fund by $375 000' and
5 Authorize payment of $75 000 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
Regional Transportation Council approved funding in the amount of $300 000 for the West Rosedale Street
Retrofit Project. This grant amount requires a local match of $75 000 which brings the total Project amount
to $375 000
The local match of $75 000 requirement will come from the 2004 Capital Improvement Funds in which $3 6
million was approved for West Rosedale Main Street to Forest Park Boulevard
In lieu of charging administrative fees NCTCOG requires that the local match of $75 000 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.
Logname 22SD WROSEDALE Page 1 of 2
Upon approval of this M&C staff will complete the following activities.
1 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
2. Upon approval by the aforementioned bodies work with NCTCOG to execute an interlocal agreement.
3 Submit payment of $75 000 to NCTCOG which will be reimbursed in its entirety upon completion of the
Project.
4 After receipt of a Notice to Proceed issue a request for qualifications from appropriate engineering firms
This project is located in COUNCIL DISTRICTS 8 and 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
CB n
TO Fund/AccountlCenters
GR76 451409 022203125000 $300,000.00
GR76 472200 022203125000 $75,000.00
GR76 5(VARIOUS) 022203125010 $375,000.00
GR76 159000 000203125000 $75,000.00
FROM Fund/Account/Centers
C200 538070 209230001086 $75,000.00
Submitted for City Manager's Office by. Charles Boswell (6183)
Originating Department Head. Fernando Costa (8042)
Additional Information Contact: Shad Comeaux (8767)
Logname 22SD WROSEDALE Page 2 of 2