HomeMy WebLinkAboutContract 44176 (2)CSC Number: L\ L\ \ 7 ~
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (the "Agreement") is entered into between the
City of Fort Worth (the "City"), the Regional Transportation Council (the "RTC"), and the North
Central Texas Council of Governments (the "NCTCOG"), collectively referred to as the
"Parties." The purpose of this Agreement is to establish the terms and conditions of repayment
of certain regional toll revenue funds advanced for the BNSF Railway/FM 156 relocation project
(the "Project"), which was necessitated by the Fort Worth Alliance Airport runway extension.
WHEREAS, in 2006 the RTC and the Texas Transportation Commission (the "TIC")
entered into a Memorandum of Understanding whereby the RTC would select projects for
regional toll revenue funding, subject to TTC's concurrence; and
WHEREAS, in 2009 the RTC, with TTC's concurrence, allocated $80,000,000.00 to be
used for the Project; and
WHEREAS, the City and the Texas Department of Transportation subsequently entered
into an Advance Funding Agreement pursuant to which the City would receive the
$80,000,000.00 programmed by the RTC for the Project, which Advance Funding Agreement is
a public document on file in the City Secretary's Office as City Secretary Contract No. 39068
(the "Advance Funding Agreement"); and
WHEREAS, the City has agreed to repay NCTCOG, as fiscal agent for the RTC,
$51,300,000.00 of the $80,000,000.00 programmed by the RTC for the Project and received by
the City pursuant to the Advance Funding Agreement; and
WHEREAS, the Parties wish to memorialize the terms and conditions governing the
manner and process by which the City will reimburse NCTCOG, as the fiscal agent for the RTC,
such $51,300,000.00; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code authorizes the parties to enter into this agreement for the provision of governmental
functions and services of mutual interest; and
WHEREAS, the governing bodies of the Parties fmd that this undertaking is necessary
for the benefit of the public and that each party has the legal authority to enter into this
Agreement; and,
WHEREAS, the City shall make such future reimbursement payments, if any, from
current revenues available to the City at the time of reimbursement;
NOW THEREFORE, in consideration of these premises, the City, the RTC, and the
NCTCOG agree to the following:
1. The Parties fmd that the above statements are true and correct.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
02 -14 -·13 1.11 :59 I N
2. The City agrees to repay NCTCOG a total of $51,300,000 .00 ("Repayment Amount") of
the funds programmed to the City for the Project pursuant to the Advance Funding
Agreement in installments solely from the funding sources identified herein and
otherwise in accordance with this Agreement. The City agrees to produce an annual
report for all parties on the status of the reimbursements.
3. This Agreement shall terminate upon the City's satisfaction of the Payment obligation
under Section 2.
4. The RTC and NCTCOG agree to waive repayment of the remaining $28,700,000 .00
received by the City pursuant to the Advance Funding Agreement. The Parties
acknowledge that the City has an obligation under the Advance Funding Agreement with
TxDOT to return any unused funds plus interest to the Texas Department of
Transportation. The Parties agree that any unused funds returned to TxDOT shall reduce
the City's payment obligations under Section 2. Any interest returned shall not reduce
the City's payment obligation under Section 2.
5. The Parties acknowledge that the Project, including the Airport Runway Extension, has a
funding shortfall of approximately $40,000 ,000 .00 . The City will continue to submit
grant applications for Federal Aviation Administration (FAA) discretionary grant funds
to fund this shortfall.
6. Once the FAA has awarded discretionary grant funds to the City sufficient to cover the
shortfall amount identified in Section 5, the City agrees to repay NCTCOG, as fiscal
agent for the RTC an amount equal to the Federal Aviation Administration ("FAA")
discretionary grant funds awarded to the CITY for Alliance Airport until such time as the
payment obligation in Section 2 has been met. Payments shall be made within sixty (60)
calendar days following the date as of which such grant funds have been received by the
City and appropriated for such purpose ( each an "Alliance FAA Discretionary Grant
Award" and deemed City's current revenues at the time ofreceipt).
7. The City agrees not to submit competing or new project funding requests under the FAA
discretionary grant program until such time as the payment obligation under Section 2 is
satisfied unless such project(s) is made necessary (a) by changes in federal or state law,
rules or regulations, (b) in the event of a public safety needs, or (c) otherwise mutually
agreed in writing by the Parties.
8. RTC and NCTCOG acknowledge that future Alliance FAA Discretionary Grant Awards
are subject to future FAA action and are not guaranteed. The City is not obligated to use
any funding source other than Alliance FAA Discretionary Grant A wards to pay the
Repayment Amount, and RTC and NCTCOG hereby release the City from any obligation
to pay the Repayment Amount from any other such funding source. If an alternate
funding source becomes available Parties will mutually reassess payment options, subject
to City Council approval.
Agreement Concerning Repayment of RTR Funds Page2
9. The City shall provide notice to the RTC and NCTCOG of any FAA grant application
submitted by the City. And the FAA determination regarding the grant application.
10 . This instrument constitutes the sole and only Agreement of the Parties hereto and
supersedes any prior understandings or written or oral agreements between the Parties
respecting the within subject matter.
11. This Agreement may only be amended in writing, signed by all Parties.
12. The Parties will consider options to mitigate the bottleneck at SH 114/FM 156, including
a potential extension of Double Eagle Parkway. The value of temporary benefits versus
the cost of implementation will be considered as part of evaluating options to address the
bottleneck issue.
13. The provisions and conditions of this Agreement are solely for the benefit of the City,
RTC and NCTCOG, and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
14. This Agreement shall be construed under and in accordance with all applicable federal,
state and local laws, ordinances, rules and regulations.
• ◄
15. If any !fetion,~wheth"er -i:eal or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for ... such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
16. This Agreement shall be binding upon and inure to the benefit of the parties herein and
their respective legal representatives and successors and may not be assigned without the
written consent of all Parties.
17. If any one or more 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 hereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained.
18. Any notice provided for under this Agreement shall be delivered by first class mail or
personal service to the parties named at the address specified below :
City
William Welstead
Airport Systems Director
City of Fort Worth
4201 North Main Street, Suite 200
Fort Worth, Texas 76106
Agreement Concerning Repayment of RTR Funds
RTC
Michael Morris, P .E.
Director of Transportation
North Central Texas Council of Governments
616 Six Flags Drive
Arlington, Texas 76011
Page3
NCTCOG
Mike Eastland
Executive Director
North Central Texas Council of Governments
616 Six Flags Drive
Arlington, Texas 76011
19 . The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the Party they represent and that they have read and understand
this Agreement.
. .1
EXECUTED on this the ~ day of f eJo , 2011, in Fort Worth, Tarrant County, Texas.
APPROVED AS TO FORM APPROVED:
ANDLEG,~.--i ~~~-
arlene Sanders
Assistant City Attorney
City of Fort Worth
L_ Thomas Higgins, City Manager r-City of Fort Worth
Agreement Concerning Repayment of RTR Funds
~E~
Director of Transportation
Regional Transportation Council
'ke Eastland, Executive Director
North Central Texas Council of
Governments
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page4
M&C Review
CITY COUNCIL AGENDA
DATE:
CODE:
COUNCIL ACTION: Approved on 1/29/2013
1/29/2013 REFERENCE NO.: C-26078
C TYPE: NON-
CONSENT
LOG NAME:
PUBLIC
HEARING:
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT WORTH
~
55AVI INTERLOCAL
NCTCOG
NO
SUBJECT: Authorize Execution of an lnterlocal Cooperation Agreement with the North Central Texas
Council of Governments and the Regional Transportation Council for the Repayment of
$51,300,000.00 of Regional Toll Revenue Funds Advanced for the Relocation of the
Burlington Northern Santa Fe Railroad Mainline and Connector Track for the Runway
Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of the attached lnterlocal
Cooperative Agreement with the North Central Texas Council of Governments and the Regional
Transportation Council for the repayment of $51,300,000.00 of regional toll revenue funds that were
advanced to the City to fund costs of the relocation of the Burlington Northern Santa Fe Railroad
mainline and connector track for the Runway Extension Project at Fort Worth Alliance Airport.
DISCUSSION:
On August 21, 2009 , the Texas Department of Transportation entered into an Advance Funding
Agreement with the City of Fort Worth to provide a total of $80,000,000.00 in funding for the
relocation of the Burlington Northern Santa Fe Mainline Railway and Connector track in order to
facilitate the relocation of FM 156 to the west of and for the extension of the runways at Alliance
Airport (Runway Extension Project) (City Secretary Contract No . 39608). Funding under the
Agreement came from regional toll revenues authorized by the Regional Transportation Council
(RTC).
Pursuant to commitments made at the time to the RTC, the City of Fort Worth intends to reimburse
the RTC, through the North Central Texas Council of Governments (NCTCOG), the amount of
$51,300,000.00 using Federal Aviation Administration (FAA) discretionary grant funds awarded to
Alliance after the Runway Extension Project is fully funded . In the future, as grants are presented to
the City Council for approval , the Mayor and Council Communication will state if it is FAA
discretionary funding and will indicate the total amount of the award to be paid under this lnterlocal
Agreement. However, it is understood by all parties that the FAA is not able to guarantee
discretionary revenue to any airport. In accordance with the lnterlocal Agreement, the City is not
obligated to make payments from any source other than FAA discretionary grant funding designated
for Alliance. In addition, the City agrees not to submit competing or new project funding requests to
the FAA until the full reimbursement has been made unless necessary to comply with Federal
regulations or to address public safety needs.
The Runway Extension Project for Fort Worth Alliance Airport is a multi-phase project that began in
2001 and has an estimated project budget of $244 ,730,893 .00 . The projected 2016 completion date
is dependent on the availability of discretionary funding from the FAA.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17739&councildate=l /29 /2013 2/11/2013
M&CRev iew Page 2 of2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and receipt of the grants, funds will be available from future FAA discretionary
grant programs, in accordance with the terms of the lnterlocal Agreement. This action will have no
material effect on City funds .
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FINAL Draft NCTCOG interlocal 1-23-13.docx
FROM Fund/Account/Centers
Fernando Costa (6122)
Bill Welstead (5402)
James Burris (5403)
http ://apps.cfwnet.org/council_packet/mc _review.asp?ID= 1773 9&councildate= 1/29/2013 2/11/2013