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HomeMy WebLinkAboutResolution 4158-12-2012A Resolution NO. 4158-12-2012 AUTHORIZING EXECUTION OF AGREEMENTS WITH THE NORTH TEXAS COUNCIL OF GOVERNMENTS ( NCTCOG) REQUESTING NCTCOG TO PURSUE DEVELOPMENT OF THE COTTON BELT RAIL PROJECT UTILIZING SENTATE BILL 1048 WHEREAS, the North Central Texas Council of Governments ( NCTCOG) is a Regional Planning Commission operating under Local Government Code Chapter 391; and WHEREAS, NCTCOG has been approached by a private- sector developer which has formally communicated interest in developing the Cotton Belt Passenger Rail Project; and WHEREAS, through passage of Senate Bill 1048, the 82nd Texas Legislature enacted Chapters 2267 and 2268, Texas Government Code, which authorize public - private partnerships by eligible governmental entities in the State of Texas, including Regional Planning Commissions, and establish the framework and processes required to enter into such arrangements; and WHEREAS, Senate Bill 1048 enables a Responsible Governmental Entity to receive solicited or unsolicited proposals, encourages competition by requiring posting of and acceptance of competing proposals for a qualifying project, calls for collaboration with affected jurisdictions in which all or part of a project is located, and permits award of interim and /or comprehensive project development agreements; and WHEREAS, in order for NCTCOG to qualify as the Responsible Governmental Entity and assist the region in advancing development of the Cotton Belt Passenger Rail Project, agreements with member governments along the corridor statutorily authorized to develop passenger rail projects are necessary; and WHEREAS, the City of Fort Worth supports innovative approaches to infrastructure delivery and desires to contract with NCTCOG to utilize Senate Bill 1048 to procure a public - private partnership to develop the Cotton Belt Passenger Rail Project, in whole or in part, on its behalf, and WHEREAS, this innovative public - private partnership approach to develop the Cotton Belt Passenger Rail Project, if proven successful, could provide a model for development of future high - priority passenger rail corridors in the region; and WHEREAS, NCTCOG, Dallas Area Rapid Transit (DART), Fort Worth Transportation Authority (The T), and Denton County Transportation Authority (DCTA) have developed a joint ORT WORT 1A Resolution No. 4158 -12 -2012 procurement process under Senate Bill 1048 and Texas Transportation Code Chapter 452 to develop the Cotton Belt Passenger Rail Project which involves city representation in the evaluation process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. The City of Fort Worth requests and authorizes NCTCOG to develop the Cotton Belt Passenger Rail Project on its behalf as the Responsible Governmental Entity utilizing Senate Bill 1048 to procure a public - private partnership jointly with DART, The T and DCTA. Section 2. Notwithstanding any other provisions of this Resolution, the City of Fort Worth reserves the right to review and evaluate the merits of any public - private partnership agreement or any state enabling legislation that NCTCOG may propose pursuant to this Resolution and, accordingly, reserves the right to grant or withhold support for any such agreement or legislation. Section 3. This Resolution shall be transmitted to NCTCOG and all affected jurisdictions along the corridor. Section 4. The City Manager or an Assistant City Manager is hereby authorized to execute agreements with NCTCOG to effectuate this Resolution in the name of the City of Fort Worth. Section5. This Resolution shall take effect immediately upon its adoption. ADOPTED this 18th day of December 2012. ATTEST: By: 1�14i/�AXU Mary Ka r, 6ty ecretary oRT Wow fi