HomeMy WebLinkAboutOrdinance 17472-04-2007Ordinance No 17472-04-2007
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE STREET IMPROVEMENTS FUND IN THE AMOUNT
OF $66 600 FROM A SPECIAL ASSESSMENTS FUND TRANSFER FOR THE
PURPOSE OF EXECUTING AN INTERLOCAL AGREEMENT WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR THE TOWER 55 RAIL
RELIEVER STUDY MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-
2007 in the Budget of the City Manager there shall also be increased estimated receipts and
appropriations in the Street Improvements Fund in the amount of $66 600 from a Special
Assessments Fund transfer for the purpose of executing an Interlocal Agreement with the North
Central Texas Council of Governments for the Tower 55 Rail Reliever Study
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3
That this ordinance shall be cumulative of Ordinance No 17142 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed
SECTION 4
This ordinance shall take effect upon adoption.
AS TQ'F~RM gPQ'b LEGALITY
ADOPTED AND EFFECTIVE. ~ April 3, 2007
INTERLOCAL COOPERATION AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and
CITY OF FORT WORTH
for
TOWER 55 RAIL RELIEVER STUDY
WHEREAS the North Central Texas Council of Governments (NCTCOG) 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 (RTC) comprised primarily of local elected
officials is the regional transportation policy body associated with NCTCOG and has been and
continues to be a forum for cooperative decisions on transportation and,
WHEREAS it is the goal of the RTC to offer a transportation system that is accessible
integrated, efficient, and provides for a diverse and flexible set of transportation options and
WHEREAS on January 12 2006 the United States Congress earmarked funds for a Tower
55 CMAQ Congestion and Preliminary Engineering Study as part of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) The
Regional Transportation Council (RTC) approved addition of these funds to the 2006-2008
Transportation Improvement Program (TIP) in January 2006
WHEREAS the Tower 55 Technical Advisory Committee comprised of representatives from
the Texas Department of Transportation and local government entities and railroads impacted
by Tower 55 operations, has been established to serve as the technical group to support and
oversee TxDOT and NCTCOG led elements of the Tower 55 Rail Reliever Study
WHEREAS the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
provides authority for the North Central Texas Council of Governments and City of Fort Worth
to enter into this agreement for the provision of governmental functions and services of mutual
interest.
NOW THEREFORE for and in consideration of the mutual covenants and conditions
contained herein the parties agree as follows
1 Parties
1 1 This Interlocal Agreement, hereinafter referred to as the Agreement" is made and
entered into by and between the North Central Texas Council of Governments
hereinafter referred to as NCTCOG" and City of Fort Worth hereinafter referred to as
the City" NCTCOG and the City may each be referred to as a `Party" and may be
collectively referred to as Parties to this agreement.
1 2 NCTCOG shall serve as the Contract Manager and Procurement Administrator for the
Project.
Interlocal Cooperation Agreement Page 1
NCTCOG and City of Fort Worth
2 Purpose
This Agreement defines the terms and conditions for the City to provide a share of the local
matching funds for NCTCOG to conduct an engineering study to evaluate current and
probable future freight rail movements and operations through Tower 55 identify opportunities
to increase freight rail movement efficiency and determine the physical and financial viability
of potential improvements to Tower 55
3 Duties
3 1 NCTCOG shall be responsible for coordinating the activities of the Tower 55 Technical
Advisory Committee
3.2 NCTCOG shall be responsible for managing the project, including but not limited to
consultant procurement and management, with direction from the Tower 55 Technical
Advisory Committee
3 3 NCTCOG and NCTCOG s engineering consultant(s) will perform the following tasks
a. Develop alternatives and feasibilities for rail improvements at Tower 55
b Analyze current and projected vehicular traffic volumes impacted by Tower 55
c. Determine cost feasibilities for preferred system improvements and alternatives
d Analyze potential passenger and commuter rail routes allowing for no assumed
agreement or commitment from the railroad companies participating in the study
e Communicate study process and identified project benefits/costs for both local and
regional freight rail initiatives
Develop a financial plan to secure funding for the recommendations of the overall
study
3 4 The City will provide a representative for the Tower 55 Technical Advisory Committee
to support and oversee Texas Department of Transportation (TxDOT) and NCTCOG
led elements of the Tower 55 Rail Reliever Study
4 Funding
4 1 The total project cost estimate for Tower 55 Rail Reliever Study is $2 million
Congressionally earmarked funds of $1 6 million will fund 80 percent of the total project
costs
4 2 The total local match required for the project is $400 000 The City shall provide a
check payable to the North Central Texas Council of Governments in the amount of
$66 600
Interlocal Cooperation Agreement Page 2
NCTCOG and City of Fort Worth
4 3 NCTCOG will enter into separate agreements with other local government entities and
railroads to obtain funding for the remaining portion of the 20 percent local match
requirement.
5 Term
5 1 This agreement shall take effect on the date executed by the Parties and shall remain
in effect until it is terminated
5 2 Either Party may terminate this Agreement by giving 30 days written notice to the other
Party The Parties may terminate this Agreement by mutual written concurrence
5 3 This Agreement shall automatically terminate upon completion of the project.
6 Modification Waiver and Severability
61 This Agreement and any exhibits which may be attached constitute the entire
agreement among the Parties No waiver or modification of this Agreement shall be
valid unless in writing and signed by both Parties. Failure of the Parties to enforce or
insist upon compliance with any of the terms and conditions of this Agreement shall not
constitute a waiver or relinquishment of any such terms and conditions
6.2 In the event that any one or more or the provisions of 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 provisions thereof and this
Agreement shall be construed as if such invalid illegal or unenforceable provision had
never been contained herein
6 3 This Agreement may be executed in any number of counterparts each of which shall
be deemed an original
Interlocal Cooperation Agreement Page 3
NCTCOG and City of Fort Worth
IN WITNESS HEREOF the parties have executed this Agreement in duplicate originals on the
day of 20
CITY OF FORT WORTH
NORTH CENTRAL TEXAS COUNCIL OF
GOVERNMENTS
Signature
Charles Boswell
City Manager
ATTEST
R. Michael Eastland
Executive Director
APPROVED AS TO FORM
General Counsel
Interlocal Cooperation Agreement Page 4
NCTCOG and City of Fort Worth
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/3/2007 Ordinance No 17471-04-2007 8~ 17472-04-2007
DATE Tuesday April 03 2007
LOG NAME 20TOWER55 REFERENCE NO *C 22033
SUBJECT
Authorize Execution of an Interlocal Agreement with the North Central Texas Council of
Governments to Lead the Tower 55 Rail Reliever Study and Adopt Appropriation Ordinances
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Assessments Fund in the amount of $66 600 from available funds,
2. Authorize the transfer of $66 600 from the Special Assessments Fund to the Street Improvements Fund
3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Street
Jmprovements Fund in the amount of $66 600 from available funds and
4 Authorize the City Manager to enter into an Interlocal Agreement with the North Central Texas Council of
Governments for the Tower 55 Rail Reliever Study in the amount of $66 600
DISCUSSION
The Tower 55 freight rail intersection in downtown Fort Worth is one of the most congested rail intersections
in the nation A solution at Tower 55 will reduce locomotive idling reduce vehicle congestion at roadway
crossings, and improve air quality Improving mobility and air quality is one of the City Council's seven
strategic goals. A congressional earmark of $1 6 million was set aside in the last federal transportation bill
(SAFETEA-LU) for purposes of conducting a study of Tower 55 in order to identify a solution to this freight
bottleneck. The total cost estimate for the study is $2 million To move forward with the study a shared
local match of $400 000 is required from participating entities. The participating entities include Burlington
Northern Santa Fe Railroad City of Arlington City of Fort Worth Fort Worth Transportation Authority
Tarrant County and Union Pacific Railroad The City of Fort Worth s portion of the shared local match is
$66 600 This study should be completed within two years.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance funds will be available in the current capital budget, as appropriated of
the Street Improvements Fund
TO Fund/Account/Centers
GS94 488032 020940099050 $66,600.00
GS94 538070 020940099050 $66,600.00
FROM Fund/AccountlCenters
GS94 538070 020940099050
C115 541200 020115136526
$66.600.00
$66.600.00
Logname 20TOWER55 Page 1 of 2
C115 472094 020115136526 $66.600.00
C115 541200 020115136526 $66,600.00
Submitted for City Manager's Office by_ Marc Ott (8476)
Originating Department Head. Robert Goode (7804)
Additional Information Contact: Jim Walker (8009)
Mark Rauscher (2446)
Logname 20TOWER55 Page 2 of 2