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Home My WebLink About02-09-09 TC Agenda Packet The Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of either the Town Council Workshop or the Board of Trustees meeting, but not prior to the 7:00 p.m.posted start time. TOWN OF WESTLAKE, TEXAS Mission Statement On beha�f of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas—A Premier Knowledge Based Community TOWN COUNCIL REGULAR MEETING AGENDA FEBRUARY 9, 2009 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE MUNICIPAL COURT ROOM, SUITE 207 7:00 p.m. 1. CALL TO ORDER. 2. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. Town of Westlake Town Council Page 2 of 3 Regular Meeting Agenda February 9,2009 a. Review and approve minutes of the Town Council Regular meeting and Workshop held on January 26, 2009. 4. CONSIDER A RESOLUTION APPROVING A REVISED INTERLOCAL AGREEMENT AMONG TARRANT COUNTY, CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF WESTLAKE CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR THE FM 1938 PROJECT. (Tabled by the Town Council at their January 26, 2009, meeting) 5. CONSIDER A RESOLUTION SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL IN NORTH TEXAS. 6. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and/ or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None 7. COUNCIL CALENDAR. - TML Legislative Briefing o 2/9/09,Austin, Texas 8. EXECUTIVE SESSION The Council will conduct a closed session under Texas Government Code for the following: a. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease or value of real property: Easements for F. M. 1938 Project. b. Pursuant to Section 551.071(2): consultation with town attorney on a matter in which the duty of the town attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter: Gas well drill sites and property rights 9. RECONVENE MEETING 10. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY Town of Westlake Town Council Page 3 of 3 Regular Meeting Agenda February 9,2009 11. ADJOURNMENT. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday, February 6,2009,by 5 p.m.under the Open Meetings Act,Chapter 551 of the Texas Government Code. Kim Sutter,TRMC,Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 — Citizens' Presentations This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL WORKSHOP January 26, 2009 PRESENT: Mayor Laura Wheat and Council Members Tim Brittan(5:00 p.m.), Larry Corson, Carol Langdon, Don Redding and Rebecca Rollins (4:43 p.m.). ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Assistant to the Town Manager Ginger Awtry, DPS Director Don Wilson, Finance Director Debbie Piper, Court Administrator Amanda DeGan, Planning and Development Director Eddie Edwards, and Facilities and Recreation Director Troy Meyer. 1. CALL TO ORDER. Mayor Wheat called the workshop to order at 4:25 p.m. 2. DISCUSSION AND CONSIDERATION OF A DRAFT PROPOSED OIL AND GAS DRILLING TECHNICAL STANDARDS ORDINANCE, PROPOSED ZONING ORDINANCE AMENDMENTS RELATED TO OIL AND GAS DRILLING, AND PROPOSED PERMITS/FEES FOR OIL AND GAS DRILLING IN WESTLAKE. Town Manager Brymer advised that this item is a continuation of the discussion held during the January 12, 2009, Council Workshop. Town Manager Brymer presented a PowerPoint presentation outlining the proposed oil and gas drilling technical standards ordinance including setbacks and the need for master planning for multiple drill sites. Mr. Brymer also presented the proposed amendments to the zoning ordinance. Discussion ensued regarding the Council's authority to deny a SUP (Specific Use Permit) request and on what grounds, the necessity for a gas well pad site master plan, water use and gathering system, and setbacks. Town of Westlake Town Council Page 2 of 2 Workshop Minutes January 26,2009 Mayor Wheat opened the floor for comments from those in attendance. Town Manager Brymer stated that discussion regarding the technical standards ordinance will be continued at the February 9, 2009, Council workshop and will mainly focus on the issue of setbacks. 3. DISCUSSION AND CONSIDERATION OF A DRAFT MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN WESTLAKE, TROPHY CLUB, ROANOKE, AND NORTHWEST ISD REGARDING AN AGREEMENT TO PURSUE A VARIETY OF INTERGOVERNMENTAL COOPERATIVE INITIATIVES. Town Manager Brymer presented the item and reviewed the draft Memorandum of Understanding (MOU)with the Council. At the direction of the Council, Town Manager Brymer advised the Council that he would meet with the Town Manager's of the adjoining cities to discuss the potential of entering into an intergovernmental cooperation initiatives agreement. 4. FUTURE AGENDA ITEMS. There were no items submitted for consideration. 5. ADJOURNMENT. There being no further business, Mayor Wheat adjourned the workshop at 8:20 p.m. APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 9, 2009. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary f � • MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING January 26, 2009 PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, DPS Director Don Wilson, Assistant to the Town Manager Ginger Awtry, Planning and Development Director Eddie Edwards, and Court Administrator Amanda DeGan. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 8:20 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS. There was no one present wishing to address the Council. 4. CONSENT AGENDA. Mayor Wheat introduced the consent agenda. Council Member Corson requested item `b' be pulled for discussion and separate consideration. Mayor Wheat requested item `c' be pulled for separate consideration. Town of Westlake Town Council Page 2 of 3 Regular Meeting Minutes January 26,2009 a. Review and approve minutes of the Town Council Regular meeting and Workshop held on January 12, 2009. MOTION: Council Member Rollins made a motion to approve the minutes from the January 12, 2009, workshop and regular meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. b. Consider a Resolution approving a revised Interlocal Agreement among Tarrant County, City of Keller, City of Southlake and Town of Westlake concerning acquisition of right-of-way for the FM 1938 project. MOTION: Council Member Corson made a motion to table this item until clarification can be provided regarding the distribution of the funds. Council Member Brittan seconded the motion. The motion carried by a vote of 5-0. Town Manager Brymer advised that the item will be included on the February 9, 2009, agenda for consideration. Mayor Wheat asked for clarification regarding the emergency warning system and the citizen notification methods. DPS Director Wilson responded to Mayor Wheat's questions. c. Resolution 09-04 - Consider a Resolution approving the Fort Worth Multi-Hazard Mitigation Plan as the Town of Westlake's all hazards emergency plan. MOTION: Mayor Pro Tem Redding made a motion to approve Resolution 09-04, approving the Fort Worth Multi-Hazard Mitigation Plan as the Town's all hazards emergency plan. Council Member Rollins seconded the motion. The motion carried by a vote of 5-0. 5. CONSIDER AN ORDINANCE CALLING AND ORDERING A GENERAL ELECTION TO BE HELD ON MAY 9, 2009. Mayor Wheat introduced the item and asked for a motion. Council Member Corson advised that candidate packets are available via the Town's website or by contacting the Town Secretary. MOTION: Council Member Corson made a motion to adopt Ordinance No. 607, calling and ordering a general election to be held on May 9, 2009. Council Member Brittan seconded the motion. The motion carried by a vote of 5-0. Town of Westlake Town Council Page 3 of 3 Regular Meeting Minutes January 26,2009 6. FUTURE AGENDA ITEMS. Council Member Corson presented the following item for consideration at a future meeting. - Consideration of restricting Cell Phone/PDA Usage in Vehicles in Active School Zones within the Town of Westlake, specifically Westlake Academy. (Council Member Corson) Council Member Rollins seconded the motion to present the item for discussion at a future meeting. 7. COUNCIL CALENDAR. Mayor Wheat reviewed the Council calendar, and advised that the Joint Regional Meeting scheduled for January 29, 2009, has been cancelled. - Joint Regional Meeting with NWISD, Roanoke and Trophy Club o 1/29/09, 6:30 p.m., Westlake Town Hall - TML Legislative Briefing o 2/6—2/9/09, Austin, Texas 8. ADJOURNMENT. There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Corson seconded the motion. The motion carried by a vote of 5- 0. Mayor Wheat adjourned the meeting at 8:35 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2009. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Jarrod Greenwood, Public Works Superintendent Subject: Regular meeting of February 9, 2009 Date: February 2, 2009 ITEM Consider a Resolution approving a revised Interlocal Agreement among Tarrant County, City of Keller, City of Southlake and Town of Westlake concerning acquisition of right- of-way for the FM 1938 project. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: 0 We are Leaders o Infrastructure maintenance and planning BACKGROUND The City of Keller, City of Southlake, and Town of Westlake entered into an interlocal agreement with Tarrant County in March 2002 for the purpose of right-of-way acquisition for the FM 1938 project. However, this original agreement did not include direction on how the funds would be disbursed between the cities. Therefore, this proposed amendment is only intended to clarify how Tarrant County will distribute the funding to the cities for right-of-way acquisition. This item was previously included in the January 26, 2009, Consent Agenda, but was tabled for additional information regarding funding and budgetary impact. The proposed amendment does not increase funding for the project. It identifies the prorated allocation for re-imbursement for engineering services. Staff included the original funding source for the project in the Capital Project revenue. Tarrant County is providing a payment schedule to Westlake for the FM 1938 engineering services. FUNDING The ILA has no impact on the FY 08/09 budget. RECOMMENDATION Staff recommends approval. ATTACHMENTS: Resolution 09-05 Exhibit A to Resolution 09-05: Proposed Interlocal Agreement TOWN OF WESTLAKE RESOLUTION NO. 09-05 APPROVING A REVISED INTERLOCAL AGREEMENT AMONG TARRANT COUNTY, CITY OF KELLER, CITY OF SOUTHLAKE AND TOWN OF WESTLAKE CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR THE FM 1938 PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That the Town of Westlake does hereby approve the revised Interlocal Agreement among Tarrant County, City of Keller, City of Southlake and Town of Westlake concerning acquisition of right-of-way for the FM 1938 project, attached as Exhibit A. SECTION 2. That this resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 9TH DAY OF FEBRUARY 2009. Laura Wheat, Mayor ATTEST: Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § THIRD AMENDMENT TO INTERLOCAL AGREEMENT This Third Amendment to Interlocal Agreement is entered into this _ day of , 2008, by and between the COUNTY OF TARRANT, acting herein by and through its governing body, the Tarrant County Commissioners Court, the COUNTY OF DENTON, acting herein by and through its governing body, the Denton County Commissioners Court, both hereinafter referred to as COUNTIES, and both being County agencies of the State of Texas, and the CITY OF KELLER, acting through its governing body, the Keller City Council, the CITY OF SOUTHLAKE, acting through its governing body, the Southlake City Council, and THE TOWN OF WESTLAKE, acting through its governing body, the Westlake Board of Aldermen, hereinafter referred to as the "CITY" or collectively as the "CITIES," witnesseth: WHEREAS, on March 5, 2002, the COUNTIES and the CITIES entered into an Interlocal Agreement (hereinafter referred to as the "Agreement") memorializing the parties' obligations and responsibilities regarding a right-of-way acquisition and improvement project for FM 1938 from FM 1709 to SH 114; and WHEREAS, the parties to the Agreement entered into an amendment of the Agreement in July of 2005, amending Article I of the Agreement as follows: Location Surveys and Preparation of Right-qj Way Data: The CITIES will do the necessary preliminary engineering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable title to the desired right-of-way. The CITIES shall do this without cost to the COUNTIES, except that TARRANT COUNTY agrees to contribute ONE HUNDRED FIFTY THOUSAND and NO1100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF WESTLAKE. Engineering and survey work shall meet minimum State design standards. and WHEREAS, the parties to the Agreement entered into a Second Amendment to the Interlocal Agreement to amend Article I again to reflect TARRANT COUNTY'S agreement to contribute $1,000,000.00 toward the Environmental Analysis Study, the Subsurface Engineering Study,and the fees for Engineering Design. and WHEREAS, the parties to the Agreement now desire to amend Article 1 again to reflect the disbursement schedule of TARRANT COUNTY funds in the amount of$1,000,000.00 as identified in the Second Amendment to the Agreement. Amendment to Interlocal Agreement Page I of 5 NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in the original Agreement and as contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned agree that Article I of the Agreement as amended is hereby amended a third time as follows: 1. LocationSurveys and Preparation ©f Right-of-Way Data: The CITIES will do the necessary preliminary engineering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable title to the desired right-of-way. The CITIES shall do this without cost to the COUNTIES, except that TARRANT COUNTY agrees to contribute ONE HUNDRED FIFTY THOUSAND and NO/100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF WESTLAKE. Furthermore, TARRANT COUNTY agrees to contribute up to, but not exceeding, ONE MILLION and NO/100 DOLLARS ($1,000,000.00) of Commissioner discretionary funds as identified in the 2006 Tarrant County Transportation Bond Program for the Environmental Analysis Study, the Subsurface Engineering Study, and for Engineering Design Fees. Engineering and survey work shall meet minimum State design standards. TARRANT COUNTY bond funds identified herein will be disbursed according the schedule shown in Attachment A which is attached hereto and hereby made a part of this amendment for all purposes. This third amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute the Third Amendment to the Agreement. Amendment to Interlocal Agreement Page 2 of 5 COUNTY OF TARRANT COUNTY OF DENTON COUNTY JUDGE COUNTY JUDGE CITY OF SOUTHLAKE TOWN OF WESTLAKE AUTHORIZED CITY OFFICIAL AUTHORIZED TOWN OFFICIAL Attest: Attest: APPROVAL OF CITY ATTORNEY APPROVAL OF TOWN ATTORNEY CITY OF KELLER AUTHORIZED CITY OFFICIAL .Attest: APPROVAL OF CITY ATTORNEY: Approval Form for DENTON COUNTY District Attorney Assistant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attomey(s). Amendment to Interlocal Agreement Page 3 of 5 Approval Form for TARRANT COUNTY District Attornev Assistant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attomey(s). CER77FICA TION OF A VAILA BLE FUND5 IN THE AMOUNT OF Certification of Funds Available as follows: Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2008 $333,000 Fiscal year ending September 30, 2009 $333,000 All future years funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2010 $334,000 Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ Fiscal year ending September 30, 2014 $ Fiscal year ending September 30, 2015 $ Fiscal year ending September 30, 2016 $ ---------------------------------- $1,000,000 Auditor's Office Amendment to Interlocal Agreement Page 4 of 5 ATTACHMENT A Project Information City: Westlake, Southlake, Keller, Denton County Project Name: F.M. 1938 extension from S.H. 114 to F.M. 1709 Proposed Project Schedule Start Date Duration(mo) End Date Design": Jan-2008 28 Apr-2010 ROW Acquisition: - 0 - Utility Relocation: - 0 - Construction: - 0 - * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase for which payment is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Assumes completion of design elements for Phase 1 and Phase 2. Prouosed County Payment by Phase Design: $1,000,000 ROW Acquisition: $ Utility Relocation: $ Construction: $ County Funding Total: $1,000,000 Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE) 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter 2007 $ $ $ 2008 $ $ $333,000 $ 2009 $333,000 $ $ $ 2010 $334,000 $ $ $ 2011 $ $ $ $ 2012 $ $ $ $ 2013 $ $ $ $ 2014 $ $ $ $ 2015 $ $ $ $ 2010 $ $ $ $ Amendment to Interlocal Agreement Page 5 of 5 Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Regular Meeting of February 9, 2009 Date: February 4, 2009 ITEM Consideration for Adoption of a Resolution Supporting Local Option Taxes and Fees to Fund Transportation Including Rail in North Texas VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: 0 Inviting Residential&Corporate neighborhoods o On-going comprehensive planning 0 We are Leaders o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning BACKGROUND On October 27, 2008Mr. Vic Suhm of the Tarrant Regional Transportation Coalition(TRTC) made a workshop presentation to Council that covered the extensive transportation needs that must be dealt with to address mobility as the DFW metroplex continues its growth. As Mr. Suhm indicated at that workshop, a bill has filed to allow a local option to fund rail projects as well as other transportation projects in North Texas. The Metroport Cities Partnership has passed a resolution supporting this bill. The Regional Transportation Council of the North Central of Governments has passed a resolution supporting the Rail North Texas initiative. Tarrant County Commissioner Gary Fickes has sent a letter asking the Town Council to pass a resolution of support. The bill as filed seeks new transportation through means other than new sales tax. The bill would establish a transportation district that could,with voter approval, levy: • a vehicle registration fee,not to exceed$150 per vehicle per year • a motor fuels excise tax,not to exceed ten cents per gallon • a mileage fee,not to exceed on$0.01 per vehicle mile driven • a driver's license fee,not to exceed$50 • a property tax,not to exceed$0.05 per$100 of appraised value FUNDING: Described in Background section above. RECOMMENDATION: Review attachments to this agenda memo,hear from Mr. Suhm of the TRTC, and determine if Council wishes to adopt this resolution expressing support for this legislation. Staff recommends approval. ATTACHMENTS: 1.) Resolution 09-06 Supporting Local Option Taxes and Fees to Fund Transportation Including Rail North Texas. 2.) Commissioner Fickes' letter dated Jan. 13,2009 requesting this resolution's consideration. 3.) TRTC power point presentation on Rail North Texas. 4.) Article from 12/08 Dallas Business Journal entitled"Area's Transportation Agenda Heading to Austin". 5.) TRTC point presentation on transportation needs in Tarrant County. 6.) RTC Req for Support package dated Dec. 11,2008 for Trans and Rail North Texas TOWN OF WESTLAKE RESOLUTION NO. 09-06 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS. WHEREAS, the Town of Westlake, supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, implementing the passenger rail service component of the Metropolitan Mobility Plan of the Regional Transportation Council is essential in addressing the mobility and air quality needs of the citizens of North Texas; and WHEREAS, local elected officials, business leaders and transportation professionals in North Texas have studied revenue options to fund transportation and regional rail expansion; and WHEREAS, seeking legislative authority for local option transportation fees to fund transportation including regional rail expansion appears to be the best solution to address North Texas mobility and air quality challenges. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That the 81St Texas Legislature, be and hereby, is urged to authorize metro area counties to levy subject to voter approval a vehicle registration fee, motor fuels excise tax, mileage fee, driver's license fee and roadway impact fee to fund their mobility needs including rail service. SECTION 2. That this resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THE 9'DAY OF FEBRUARY 2009. Laura Wheat, Mayor ATTEST: Kim Sutter TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney . •. couNT�•. TARRANT COUNTY GARY FICKES Northeast Sub-Courthouse COUNTY COMMISSIONER Southlake Town Hall 645 Grapevine Hwy.,Suite 6 PRECINCT NO. 3 1400 Main Street, Suite 410 Hurst, TX 76054 Southlake, TX 76092 (817) 581-3600 (817) 481-8234 (817) 581-3603 - Fax (817) 481-8053 - Fax January 13, 2009 Mr. Tom Brymer Town of Westlake 3 Village Circle#202 Westlake TX 76262 Re: Rail North Texas Dear Tom: Legislative support of Rail North Texas is essential to fostering the transportation needs and goals of our area. Rail North Texas is comprised of local elected officials, business leaders, the public, and state legislators for the purpose of implementing roadway improvements. I would appreciate it if your city would consider passage of a Resolution similar to the attached at your next Council session and forward a copy to Vic Suhm, Executive Director of the Tarrant Regional Transportation Council. Also included are the Policy Summary, Frequently Asked Questions, and the Project Selection, Funding, and Implementation Process. In this way, together we can keep these needs in the forefront of legislative action during this session. If you have any questions,please give me a call. Sincerely, Gary Fickes att. cc: Mr. Vic Suhm TRTC PO Box 610246 DFW Airport TX 75261 gfickes@tarrantcounty.com RESOLUTION APPROVING A LEGISLATIVE POSITION ON RAIL NORTH TEXAS: A PRIMARY RAIL LEGISLATIVE PROGRAM WITH SUPPLEMENTAL ROADWAY IMPROVEMENTS (Updated R08-11) WHEREAS, the North Central Texas Council of Governments is 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 the regional forum for cooperative decisions; and, WHEREAS,the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years,with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS,the Rail North Texas effort has been a bottom-up process to include local elected officials, business leaders, the public, and State legislators and has resulted in a specific legislative proposal. NOW,THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Regional Transportation Council supports seeking legislative authority to create a Transportation Funding Area (TFA)for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. Section 2. The Regional Transportation Council continues to support the principles contained in the three transportation authorities'"Joint Recommendation for.Regional Rail in North Central Texas." This rail initiative will be constructed by existing transportation providers. Section 3. The Regional Transportation Council does not support the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region. Section 4. The Regional Transportation Council supports implementation of Rail North Texas in the Dallas-Fort Worth region consistent with: • The"Policy Summary" in Attachment 1, • The "Questions and Answers About Rail North Texas" in Attachment 2, • What the Rail North Texas initiative is not as contained in Attachment 3, • The"Project Selection, Funding, and Implementation Process" in Attachment 4, and • The specific proposal outlined in Attachment 5. Section 5. The Regional Transportation Council wishes to implement a TFA for the sole purpose of implementing rail and supplemental roadway improvements. Section 6. This resolution will be transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region's highest legislative priority for the 81 St Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCOG. Section 7. This resolution will be transmitted to the Texas legislative delegation. Section 8. The NCTCOG Transportation Director is authorized to communicate these positions on behalf of the Regional Transportation Council. Section 9. This resolution shall be in effect immediately upon its adoption. d Koop, Chdr Regional Transportation Council Councilmember, City of Dallas I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on December 11, 2008. w Ron Natinsky, Secretary Regional Transportation Council Councilmember, City of Dallas r C SUMMARY • Primary rail with supplemental roadway • Built by existing transportation authorities and transportation providers • Limited Transportation Funding Area (TFA), — Largely passenger rail — Funding only, non-construction — No fourth authority. — No bonding authority needed — Coordination of regional projects • County elections determined by local elected officials and citizen vote D • Legislators: no sales tax, create menu 3 POLICY SUMMARY • Equity: creates revenue districts for service areas, money stays in county generated • Accountability rests with TFA and counties — includes public hearing requirements — RTC Transportation Implementers Subcommittee • Probably: one uniform rate for 12 counties and supplemental county revenues • Some revenues expire • Decisions on projects and taxes/fees made by local elected officials • Countiescanopt out • Transportation providers issue bonds • Projects fixed with voter approval — no reallocation Attachment 2 Questions and Answers About Rail North Texas If the initiative is called Rail North Texas,why is there not a greater focus on rail in the bill outline? The bill outline was developed to be used statewide and other regions may want to focus on roadway improvements. The RTC may wish to amend the bill outline to bracket a section specific to the Dallas-Fort Worth region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the focus. Who is accountable under this model? This is the strength of this approach. Three groups, working as partners, are all accountable. First, under.this model, the Metropolitan Planning Organization policy body —the Regional Transportation Council in the Dallas-Fort Worth region —is responsible for making sure that projects stay on schedule. In DFW,the North Central Texas Council of Governments' Executive Board will hold the revenues, enter into interfocal agreements with implementing agencies, and disburse funds to local governments and transportation providers. As recommended by the three transportation authorities, the RTC will form a Transportation Implementers Subcommittee consisting of the three transportation authorities, TxDOT, and NTTA. This subcommittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement will select the projects. Third, transportation authorities will extend already proven services to construct the projects. What if I have a problem with the taxes and fees and don't have a representative on the RTC or Executive Board? Is there a way to address those bodies? No projects can be built, or taxes and/or fees imposed, that voters have not approved. Internet-based reports will keep citizens up to date. The Transportation Funding Area (TFA)will convene a meeting separate from the normal MPO policy board meeting to hear from citizens or local government on any concerns. The Regional Transportation Council has been planning and expediting projects for over 30 years. I 1 1 t How will projects be selected by the TFA? • The TFA (the Regional Transportation Council in the Dallas-Fort Worth region) will issue a call for projects to transportation authorities, cities, counties, TxDOT, and NTTA. • Existing transportation authorities will be primarily responsible to submit rail projects. • All entities will submit project applications back to the TFA. • TFA staff will evaluate projects based on whether they met basic criteria. • Subarea roundtables will:be convened in each county and will be made up of elected officials and technical staff for the county,each city, and transportation providers within that county. TFA staff will also participate. • The subarea roundtables will determine the priority ranking of projects within each county and make a recommendation to the TFA. • Passenger rail will be given priority. Warranted rail lines have already been established by subarea roundtable members. Rail lines which cross multiple counties will need special priority attention if supported in neighboring counties. • The TFA will vote on the subarea roundtable recommendations. r This process is identical to recent projects selection efforts of the Regional Transportation Council. How will taxes and fees be selected by the TFA? • When subarea roundtables are determining the projects they wish to fund, they will consider the revenue needed plus contingency construction funding for each project. • Based on the revenue needed, the subarea roundtables will select an appropriate mix of taxes and fees at agreed-upon rates for that county and make a recommendation to the TFA. , • The TFA may propose a TFA-wide tax or fee for discussion during the subarea roundtable process. • Subarea roundtables will approve the taxes and fees. • The TFA will vote on the subarea roundtable recommendation. How will the election be held? The TFA will prepare a ballot for each county within the TFA and submit it to the elections administration of each county to be placed on the ballot. Voters will be asked to approve both the proposed projects and proposed taxes and/or fees. In each county where the majority of voters approve the taxes and/or fees for the TFA, the taxes and/or fees will be imposed and projects constructed. Projects are fixed with the citizen elections and no changes can be made without voter approval. I 2 i Can a county opt out of Rail North Texas? Yes, if the subarea roundtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Toll Revenue Funding Initiative or subsequent funding initiatives. What if a county votes no? Through the Rail North Texas initiative, local elected officials looked at city-by-city, county-by-county, or regional votes. The county geography was selected as the most appropriate, but it could result in one or more counties voting not to join the TFA. Where this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTCOG Executive Board, the TFA, and the MPO policy board. An internet-based reporting system will be accessible to all cities, counties, and citizens of the region. Will the taxes and fees ever go away? Yes, for revenues raised for construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes and/or fees for capital (building) expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA within that subarea to build other projects could extend taxes and fees if a majority of voters approve. Who will issue bonds? The entity carrying out construction will issue bonds for each project. That will be either a transportation authority, city, county,TXDOT-, or NTTA. Authority to issVp debt is included in the bill outline because other areas of the state may wish for the TFA to undertake this task, but Dallas-Fort Worth will be exempt from that authority. Who will build the projects? In the Dallas-Fort Worth region, the TFA will not build projects. Projects will be built by Dallas Area Rapid Transit, Denton County Transportation Authority, The T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. 3 I If the TFA isn't building projects,why should we create a TFA? Many of the passenger rail projects that are needed in the Dallas-Fort Worth region cross county boundaries. There is a need to coordinate the planning, financing, and implementation across the entire region, so a regional entity is best equipped to do that. In addition, in the DFW region, there is an established process to hold and disburse funds within the RTC/NCTCOG process so each county won't have to develop a new accounting and agreement system to implement multiple projects with different entities. How long will it take to see rail-being constructed? That depends on several factors such as current freight rail use of the rail lines, environmental reviews, transportation authority staff availability, number of projected riders, and many other items. Generally, the rail lines in the plan could be open to riders starting in 2011 through 2030. The timeline will be known to voters and included in the subarea elections. Aren't the taxes and fees regressive, meaning harder to be paid by lower income citizens? In some cases, yes, but each subarea will be able to select the best taxes or fees for its residents. The rail lines proposed will benefit lower income populations by providing a transportation option at a much more affordable rate than owning a vehicle. The region will push for the vehicle registration fee to be implemented based on the value of the vehicle. Transit carries such a small percent of overall commuters,why even bother? R While that may be true if you look at the whole region, our current transit system does not serve the entire region. Looking at highway corridors where there is parallel transit service, about one lane of traffic in each direction is removed by transit service. This benefits the people using transit and the people using the roadway that see reduced. congestion. Looking at the rail map, new rail lines are proposed next to extremely congested corridors such as 1-35W in Fort Worth, US 75 in Collin County, US 287 in Tarrant and Johnson counties, and SH 121 in Tarrant County. Rail in the U.S. 75 corridor carries the equivalent of two freeway lanes in each direction. Will TxDOT just take away traditional funding if our region starts funding transportation from local sources? We will make sure that doesn't happen and there is precedent for protecting state and federal funds. When our region began building toll roads, we obtained assurances from the Texas Transportation Commission, the TOOT policy body, for state and federal funds to never be reduced to Dallas-Fort Worth. Similarly, the Legislature has required continued federal and state funds even after private-sector concession payments on toll roads. The bill outline contains a similar provision for Rail North Texas that advocates will seek during the upcoming legislative session. 4 Why not just try to get more federal and state funds? That is part of the comprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far more flexible and have less bureaucratic red tape so projects can be built for less money and much more quickly. So, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. Local funds are not impacted by donor/donee losses and revenue diversions. Transit won't work in the Dallas-Fort Worth region because it's too spread out, why are we trying to do this? The success of light rail through Dallas Area Rapid Transit as well as the success of the Trinity Railway Express proves that rail transit will work here. DART, DCTA, and The T have seen skyrocketing increases in passengers this year as gasoline prices soared. Even as gas prices start coming down, the transportation authorities are keeping most of those new passengers. Other areas of the country with density similar to or even less than Dallas-Fort Worth also have successful transit systems (San Francisco, Minneapolis, St. Louis, etc.) Shouldn't we be able to elect or vote out of office people raising our taxes? Most of the members of the Regional Transportation Council are elected officials and each city is represented by a member of the RTC. Alternatively, the boards of directors of the current transportation authorities—with authority to impose a sales tax—are not elected positions, in fact the members are not elected officials at all. Every person registered to vote will have the opportunity to vote for or against the taxes for the TFA. These taxes will be for specific projects that can not be changed after the election. Elected officials (through the subarea roundtables) and citizens (through the election) will control the taxes and fees for selected projects. Is this adding another level of government? No. It will be adding a new tax or fee, but there will not be a new entity created with a new board and new staff. The existing Regional Transportation Council and NCTCOG Executive Board will oversee the TFA finances. These are unpaid positions. NCTCOG staff will administer all of the funds and contracts. While some additional staff may be needed, the administrative expenses will be minimal. Whether administered through a TFA housed at the NCTCOG or through the existing transportation authorities, additional taxes and/or fees are needed to implement the regional rail system. i i 5 i How will voters know what they're getting for the money? Before going to voters in an election, subarea roundtables will select projects with specific timelines and related taxes and/or fees. Representatives of the counties, cities, TFA, and other advocates will present the plans to the public in public meetings, brochures, websites, and other means before the election is held. This will be similar to bond issuance votes that occur periodically in cities and counties throughout the region. With voter approval, the projects are fixed in each subarea. Would tax dollars be better spent on highways since transit doesn't pay for itself? Almost no transit system in the world pays for itself out of passenger fares. Some amount of government assistance through taxes or fees is required. The Dallas-Fort Worth region has an extensive plan to build both rail and highway improvements. In order to serve an expected population of 9 million by 2030, we will need all modes of transportation to move people and goods within and through our region. Passenger rail systems are very reliable and run on schedule. Roadways often are unreliable due to incidents, accidents,weather, and construction. Will the TFA start telling the transportation authorities what to do? The transportation planning process is extremely collaborative. Projects will be built that have been in the metropolitan transportation plan for decades. The transportation authorities will be assisting in the refinement of the rail plans for each subarea. Transportation authority board members sit on the RTC and are vital to the planning process and are the implementers of transit projects. The TFA will not be involved with decisions the transportation authorities make on projects funded through current sales tax revenue. This is merely a way to generate and disburse additional money for projects that can't be built with exiting revenues. Sales tax has been the way transit is funded up to this point,why is sales tax no longer a funding option? During the last two legislative sessions the region has tried to get additional sales tax authority for transit, but it has been rejected. We have worked closely with the business community—the strongest opponents to raising the sales tax—to find new revenue options. Business is supportive of transit as a way to move employees and customers reliably. The Legislature has also.asked repeatedly for the region to look at other options. The RTC is trying to balance the needs of all interested parties. The State may need sales tax to fund additional needs for Texas in the future. i 6 I Why-are we not using the tri-party agreement from 2006? Over 100 local governments and chambers of commerce signed onto the tri-party agreement,which called for the three existing transit authorities to work together to implement regional rail and called for an additional sales tax of up to 1 percent to be imposed outside of the DART and DCTA service areas. The support for that effort was overwhelming, but the Rail North Texas process is fundamentally different.. Local governments and organizations should have an opportunity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even though sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. Will DART cities be double taxed? Any new taxes and/or fees will be imposed for an entire county, so if Dallas County or Collin County vote to approve new taxes or fees, DART cities will pay these new taxes and/or fees as well as the current 1 percent DART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail lines by decades or it could be to improve bridges or streets. All new revenues in the DART service area will remain for that service area to construct additional transportation. This special account is the result of not being able to add sales tax to non-DART cities. Could the TFA reallocate money away from transit projects when there is a shortfall of highway dollars? No. By taking a set of specific projects with specific funding sources to the voters, the TFA will be making a commitment to fund those projects. An internet-based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. Will creating a TFA slow down the process of building the rail lines? No. The fact is that none of the rail lines on the map can be built until our region identifies funding. There are very few cities along the rail lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA to.raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. i i i I 7 i Why are roadway improvements part of something called Rail North Texas? The primary focus of Rail North Texas is funding a passenger rail system. Because a previous effort to allow higher sales taxes on a city-by-city basis failed, the Regional Transportation Council began looking at other taxes and fees, all of which need to be implemented on at least a county-by-county basis to be successful and not unduly influence buying or living decisions. This means that taxes or fees could be imposed over DART residents. Not wanting to double tax anyone for the same service, local elected officials determined that funds generated in the DART service area could be used to build supplemental roadway projects. In addition, because a fee may be used in 12 counties, revenues for areas that do not yet have warranted rail projects could go to roadway projects. Why not just let the revenues go straight to the transportation authorities? There must be supreme confidence that the money generated will be used for the purposes stated at the time of the vote. The RTC and its staff have already developed this type of accounting system for the State Highway 121 toll road payment. In addition, because rail projects will Gros' county, and sometimes transportation authority, boundaries, it makes sense for a regional entity to administer the funds. Finally, because roadway projects will most likely be involved, a regional planning agency will already have established processes for transferring funds to either TxDOT, cities, counties, or NTTA to implement projects. 8 i Attachment 3 The Rail North Texas Initiative is: Not creating a new level of government or a fourth transit authority. Not collecting money in one county and spending it in another county. Not creating a "one size fits all' transportation solution. Not creating an additional organization to plan, finance, or construct projects. Not deciding for citizens on what they wish to do. Not double taxing the DART service area since revenue-collected within one area will go to regional rail, accelerating current rail projects or to build other transportation projects. Not having construction fees or taxes stay on forever., Fees and taxes would only last the duration of the bond repayment period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on TxDOT or others to fund our needs. Not delaying projects which would result in higher and higher costs. Not following the current State and federal approach of raising revenues with no assurances that specific projects would advance. I i I i I I RAIL NORTH TEXAS PROJECT SELECTION , FUNDING, AND IMPLEMENTATION PROCESS RTC initiates-`callfor projects." Proedject a�plictian are recurrand a , technic"ll .e�reluat c . Sam pr ces as cure n ly, eii CD Subarea Roundtable {county geographic area} .that includes citizens, trartsportati'on authc ritieslentities/departments; ar�d local elected officials � o cele+ t priority for sou , mi xedrc jests. 1 < c c a M RTC Rd' ' tona tyrste�n rer ierry financing ar rev bub options ere devel+aped 1 z CrCL Projects and,revenue options sent toSubarea Roundtables for r+euiew, . j Q. refinement,.and approval.° O 1 � RTC requests voter approval for a funding package to proceed with construction of Sp cific ppf"plects for.subare s �nrithin a "sod ified time frame. Subarea fun'dit�g ae our is are errs oiled and onitc�red D n Existing transportation authoritieslentitiesidepartments implement the specific pr+ jects authorized the electibt Fcrrnal R`IC Trarsportativn Implementers Subcommittee s created to rnortitor progress grid'-cooir Imat the system'.' Attachment 5 District-wide Local Voter Option DRAFT Outline— December 11, 2008 Version The bill shall authorize the eight Transportation Management Areas within Texas to form a Transportation Funding Area (TFA). The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility needs. The metropolitan planning organization (MPO) policy making body may establish a TFA by a two thirds vote of its members following a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the metropolitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the metropolitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire county. r The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not to serve as the TFA board of directors, in which case it may establish an alternative board of directors. At least two thirds of the membership of any alternative board of directors shall consist of local elected officials of cities and counties within the TFA. The bill shall authorize a TFA to: • Levy fees and taxes subject to voter approval • Issue debt • Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freight rail • Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute: • A vehicle registration fee, not to exceed $150 per vehicle per year • A motor fuels excise tax, not to exceed $0.10 per gallon • A mileage fee, not to exceed $0.01 per vehicle mile driven • A property tax, not to exceed $0.05 per$100 appraised value • A driver's license fee, not to exceed $50 • New resident impact (vehicle registration), not to exceed $250 I 1 I i For purposes of this bill, "subarea"will mean the geographical area of a county being represented by city and county elected officials and the public located within that county geographical area. The TFA shall use the established process and criteria of the MPO in identifying mobility needs and selecting projects to fund, using the following protocol: • The MPO issues a call for projects • Cities, counties, and transportation authorities within the TFA submit projects • The MPO evaluates and ranks projects on a subarea basis. Subarea roundtables of elected officials and technical staff provide input on project rankings and the taxes and fees needed to meet the highest ranked project needs • The MPO develops a ballot specific to each subarea within the MPO listing the highest ranked projects and recommended fees and taxes to generate revenue to fund the projects, correlating projects on the sample ballot to estimated revenues generated by fees and taxes levied on a subarea basis so that the fee and tax revenue generated in a particular county funds projects in that county • On a date authorized by the legislature, the TFA shall submit all ballots for voter approval. r Ballot language adopted by the MPO policy board shall list: • the value of the bonds to be issued • each tax or fee to be levied, • the rate of each tax or fee to be levied, • the month and year in which the tax or fee levy shall begin, • the transportation operations, maintenance and capital projects to be funded, • the sources of revenue that will cease when capital projects are completed, and • the estimated time frame for the implementation of each project. The vote results shall be tabulated on a county basis. Fees and taxes will be levied only in a county in which a majority vote is cast in favor of the projects, fees and taxes listed on the ballot. The bill shall indemnify metropolitan areas: Metropolitan planning areas shall not be penalized in terms of losing traditional transportation funding by virtue of their establishing a TFA and their voters agreeing to pay additional transportation taxes or fees. TxDOT shall not reduce any allocation of traditional transportation funding to any of its districts by virtue of a district being in a metropolitan planning area that establishes a TFA and levies additional transportation taxes or fees. I 2 Implementation of this legislation within the Dallas-Fort Worth region will be as follows': The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway improvements will be considered on a supplemental basis and to create equity for municipalities that are members of a transportation authority. The TFA will convene as the Regional Transportation Council and will initiate special meetings at least once a quarter lo hear public comments on projects, taxes, or fees. These meetings shall be properly advertised. A subcommittee of the MPO policy making body will be created for the transportation authorities and transportation providers to monitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Council Resolution Updated R08-11 and Attachments 1-5. ' This process is modeled after the Regional Toll Revenue Funding Initiative. i I 3 R I i Rail North Texas Passenger Rail Expansion In North Texas • Picture :z Mobility is our region's life bi Without it, our economydeclines Without it, our quality of life declines �z Mob - • • • • of Life Passenger 1 1North Traffic Gridlock :D Jeopardizes economic development :D Increases the cost of consumer goods :D Reduces employee performance :D Increases emissions that pollute the air Passenger Rail ExpansionNorth Some Indicators :D 13 hours of delay to 58 hours in 23 years :D A drive that takes 20 minutes today will take 52 minutes in 2025 $4.2 billion cost of congestion today will grow to $6.6 billion by 2025 Trade as a share of GDP is growing 13% in 1990 26% in 2000 -35% in 2015 Passenger Rail Expansion In North Texas Regional congestion levels: 2007 W TheMetropolNan Transponot"Galan. Legend --� •.., ��- .wsnc .wens wlsh dlgns CD�Jesaon � J `f -- #.,=.naaa wnn earvlase cangnmen a J _.:+eas wnn s�-+se�coenesMmn � Roamways knnaal Golf of Gongeahm tit Siown Passenger 1 11 In North Texas Regional congestion levels: 2030 TheMetropolAan ATianspanatfon Plan Legend Paden rrAb M.Gv q-tm, c„yt.; l�,.asnl / r --ew-.s ann eannaarts�cetc,man Roadways P.cm C'.BD ,y�, - E§-1 Cwt¢(C4iljj�tbr$6.5111woo , Passenger 1 1North Some Key Facts DFW is the 4th largest U.S. metro area LLr DFW population grows by a million every 7 years--more than any other U.S. region. =s DFW must invest more to sustain mobility Passenger Rail ExpansionNorth Why Invest in Rail ? :D Quality of life Highways alone can't handle the growth Land use and transit relationship — sustainable growth Air quality conformity Passenger 1 1North 112 0%, a� NQRTHTEXAS Lagentl ' —nwP o$.blind.D-1.p Pmj.cW ntl Pra�ec6 ikdar�eonloprneM. Papem Pantlnq pd—t.F.,&p Cfts U.N.Powe l FudN 9—gh ff MckrnneY Lura Pubo.PI'wata Pyryq.nfyp f. Fnsco Lara slYrq R.,f C-6— Fmrt Nk.MCBO Mb.CBD CaL1an Belt L— o^�lr :;Wei�vay L.re pJkyall Lie 4�p BNSF-Liix Jj U.,ss�ll'r�'�Vr�r Lina " UPRR t— cwwppr+s U.. Mr0lM—Lna iPo.naaMSar.�.R.irwd gifvaa.s.r. erns.ru.qt wayrremsr..ar Msnsere4Y Lrne Mw.�°vwovaerrw�r.Nrxtwn a.wws —v� N4kal'dw Liei •«+.v�r.«r.«wmren+.aw.z�+orM.a. Cbbur're Li;�_� _ / � tro awusi°��.ee�r.emwr«.a -�f•. .ser,narw��.x«w®en.riwi.e 4 aw.aru ceo 251 Rail Miles Pending funding Passenger Rail Expansion In North Texas What Will Rail Cost ? Rail North Texas— Estimated Costs for Regional Rail Capital Operations & Total Maintenance Total Cost (2008 $) $4.700 B $875 M $5.575 B Total Cost $8.163 B $1.430 B $9.593 B Annualized Cost $389 M $68 M $457 M Passenger 1 1North How Do We Fund Regional Rail ? :z Utilize existing revenue authority Seek new revenue authority Passenger Rail ExpansionNorth Existing Authority, � Raise parking fees Increase fares to the airport Initiate public-private partnerships Use any available 4A/4B revenue TIFs or Reinvestment Zones Passenger 1 1North Seek New Revenue Authority General Sales Tax Unacceptable Texas Taxpayers and Research Association Texas Association of Business Texas Association of Manufacturers Texas Retailers Association American Electronics Association Texas Public Policy Foundation Center for Public Policy Priorities Americans for Prosperity Passenger Rail ExpansionNorth Seek New Revenue Authority Establish a transportation district that could levy with voter approval e; A vehicle registration fee, not to exceed $150p vehicle per year A motor fuels excise tax, not to exceed $0.10 per gallon y A mileage fee, not to exceed $0.01 per vehicle mile driven A driver's license fee, not to exceed $50 A property tax, not to exceed $0.05 per $100 appraised value Passenger 1 1North Additional Information www.nctcog.org/RNT A software program is available on-line; users may plug in different tax / fee rates and see the resultant revenue generated relative to the funding required to implement regional rail service Area's da headingentrans ortation ato Austin p g BY LESLIE WIMMER chair of the Tarrant Regional Iwimmer®bizpress.net Roads, rail on list of needs TranspoNCoalition. The Railil Noorth Texas project is integral Transportation is among the top issues to economic development across the the 2009 State Legislature will take on region, Shetter said, because without ade- next year,with North Texas officials keep- author the bill, which should be submit- regional commuter rail. quate transportation, corporations will ing their eyes on several bills key to ted to the Legislature in January of 2009. "I think everything in this session in not see North Texas as a desirable place to increasing mobility across the Metroplex. The bill aims to create a 12-county terms of transportation, everything pales bring business and create jobs. One bill North Texas transportation transportation district in North Texas and in comparison to the importance of Rail "It's clear that if we have a comprehen- officials say is a priority is the Rail North provide voters with a menu of funding North Texas,I just cannot overstate what a sive commuter rail system for the western Texas inititive. options to choose from to pay for region- big deal that is for our region and in par- half of the region that will have hundreds State Sen. John Carona, R-Dallas, who al transportation projects, such as titular the western half of our region," of millions of dollars of impact in represents District 16, is expected to Rail North Texas, a 250-mile spread of said Ken Shetter, mayor of Burleson and SEE TRANSPORTATION► 18 Granbury growth continues economic slowdown BY ALESHIA HOWE Granbury/Hood County Economic ahowe@bizpress.net Development Corp.,or EDC. "As they say, Granbury is 'on the map.."' For anyone who has ever traveled the A handful of the developments current- 30 minutes southwest of Fort Worth to ly under way in Hood County include a W the cozy town of Granbury, the sweeping 405-acre business park along Loop 567, a r transformation of the city can be quite a Downtown retail project, a 744-acre _ shock. But members of the mixed-use development in nearby r Granbury/Hood County Economic Cresson as well as several private develop- Development Corp. say the burgeoning ments such as the expansion of Lake 8 development of the area has been on the Granbury Medical Center, a new upscale planning books for a while. senior center and an$80 million CrosstexLn <� 4 "So many people think we're still a natural gas processing plant. °; sleepy town on the lake, but if they think "We've always been more of a tourist o —� that, it's because they haven't driven and bedroom community of Fort Worth. through Granbury in a while,"said Marie We haven't had any major job opportuni- W �wWKWO =o Ferguson, one of five members of the SEE GRANBURY► 14 Granbury Square Plaza will be a 40,000-square-foot retail space. co Online:fwbusinesspress.com i 10-TRANSPORTATION from page 1 economic development, and that's just What we're doing is not sustainable. If you look at '1n 2005, the Rail Relocation the development that would take placeImprovement fund was created by the leg- around commuter rail sites,"Shetter said. the fact that in another 20 years we'll have 800,000 islature,but the legislature has never iden- "Another thing is that if we don't do more people on the western half of the region than tified funding for it,'Wilson said. 'That's something, then we're going to be in real part of the RI'C's legislative effort, to have trouble in another 10 to 20 years. What Dallas has today, imagine that kind of population funds more than zero in there." we're doing is not sustainable. If you look Other major transportation issues at the fact that in another 20 years we'll density and growth, and think about what that's include indexing the state's motor fuels have 800,000 more people on the western tax, Wilson said, because the tax hasn't half of the region than Dallas has today, going to be like if we don't have a comprehensive been raised, but inflation has gone tip, imagine that kind of population density causing purchasing power at the state g p p y commuter rail system, we're going to be in bad and growth, and think about what that's level to go down. going to be like if we don't have a com- Shape. Carona also has introduced Senate Bill prehensive commuter rail system, we're — Ken Sheffer, mayor of Burleson and chair of 217 and Senate Joint Resolution 8, which going to be in bad shape. If we don't build intends to index motor fuels taxes on that rail system,then we won't be a viable the Tarrant Regional Transportation Coalition both diesel and gasoline. option for people who are looking to Senate joint Resolution 9, which is a locate a new business or grow a business. proposed constitutional amendment lim- (the R'i'C� has supported for many years, from the State highway Fund to be used itin the use of tax revenue from the 'rhe large employers, they're just not K going to find this area attractive." which we call ending diversions," Wilson to improve the state highway system or to motor fuels tax and taxes from the sale of The Regional Transportation Council,a said. "All that money in the State mitigate adverse environmental effects lubricants for vehicles to use for highway North Texas transportation planning Highway Fund is supposed to be used for that result from construction or mainte- construction and improvements, also has organization, approved an outline of the state highway purposes, but a lot goes to nance of a state highway. been introduced by Carona. Rail North Texas bill at a meeting in early non-transportation purposes, so if you're Capitalizing the state's rail relocation Other transportation-related bills November, but will go back to clarify raising funds for a dedicated purpose, use fund in order to fix problems at"Power 55, introduced include House Bill 11, which parts of the bill at a Dec. 11 meeting, said those funds for that purpose. If there are a congested rail yard near downtown Fort aims to repeal the authority to establish Amanda Wilson, a transportation planner other funds the state needs, the legislature Worth, is a major legislative issue, Shetter and operate the Trans Texas Corridor, with the North Central 'Texas Council of needs, they should prioritize the general said. filed by State Rep. David McQuade Governments. fund." "1 think for this region and again, this Liebowitz,representing District 117,and a Another legislative priority for trans- Carona wrote and submitted Senate is a statewide issue, but it's got a particu- bill to prohibit the use of cell phones and portation across the state is to keep the Bill 216, which aims to limit the use of lar impact for us here in Fort Worth, is the other wireless communication devises funds going into the State Highway Fund State Highway Fund dollars for highway- capitalization of the rail relocation fund, while operating a vehicle, introduced by used for transportation projects only, related projects and loan repayment as that's huge for us because of Tower 55," State Rep. Jose Menendez, representing Wilson said. appropriated by the Texas Constitution Shetter said. District 124. "The issue of protecting funds in the and if approved by the legislature. The RFC also holds the rail relocation For more information on Rail North State Highway Fund, that's another item The bill, if passed, would require funds fund as a high priority, Wilson said. "Texas, visit www.fwbusinesspress.com■ Tarrant Regional Transportation Coalition Supporting effective solutions to the growing transportation crisis in the western half of the Metroplex Regional Congestion Levels • North Texans waste an average of 58 hours per year while stuck in traffic — the 3rd highest rate of annual delay per traveler in the U.S. Source:Texas Transportation Institute;2005 data 1 iYORTFiuecc TAAAAtd'r Star-Telegr_ar_r sa� IT Running hark Julius hones is wdsfsw� Se,.,a fresh stare,Tank signs Cowboys medallion.Collett all 22 a"ear deal with Dallas YO—es it seem a if you're stuck in i w traffic for days? i Well,that's very likely the truth. �filw r meb�Y4wF o/eGnwwreYo W�rvi•wfwY.. iwyyYrswwa.yw ��b A a-7=- $78-7 Va.uw.•r�w4f Niw HOLY w1YedrW e+R lfbw..w+. L-JiQ._ 3_r • $78 m Vwf�wYY�u T•va Ypq �� .... .aL.�ntnrwYY�lwt. � r nuw�+'waw.rBnYfdv.l ru 573SEE � �6'M VYyI�r Ynpr ...NaY wY wlen - Y arWYw T�uwd.�Yry9rw _ �� ffYpr wYt1[•.wMn�wwlw� �~�4�rr.r s wilYrw W ro Yon Y w. E _ w.r. rox.n r%wrN.w..wNYll�r �•w.-n o-.wwr_ r +ww.�.•�Ww:M I wy m'vd•r�W Y YSrW ry. B�Yt1rWYwd elwpnrr� YrlArwlwcnlrr.M. r �r•.w� �• � wm �'a1J,gStF3Q'eassrt�:x - ilt'x �ffiL U�y Commuters work overtime in traffic N/N51nA^^ 4. zF wsxxwrnp !� 2 Regional Congestion Levels: 2007 FMWThe M Rapt itan Tran&portation Plan Legend Araaa wau.No Prean wllM1 LIp1G Conpeatpa 1 �Neab wM M1WEerafe Conpeftwn � _ - __ _Ivaae•raM1 3erere cnnpertron I -� Rancwar. _ A.—al co.e al co-,—lien U-2 emwn Regional Congestion Levels: 2030 jMTho Ma mpolitan (. Transportation Plan L Band ArenawXF Na Cenpeaeen i� , Area.wFF L19M Congeatw. ,r Axes wHM1 Modareb canpeMioe � Wena wAF 6nvara Canpesnec `Y - Roa4wara - uemcee Ir � Annual Coef of Congestbn$6.6 u 11— The Mobility Crisis • Our population growth is _ outpacing our transportation - system'sr capacity. The Mobility Crisis • Dallas-Fort Worth is the 4th largest metropolitan area behind New York, Los Angeles and Chicago • We added 162,250 residents last year more than any other region in the U.S. 4 r � The Mobility Crisis • The population of the North Texas Region now exceeds 6.5 million people. • In less than 25 years, our population will exceed 9 million people. The Mobility Crisis Why should we care about the future of transportation? It's about our quality of life. 5 The Mobility Crisis • In less than 25 years, the west side of the Metroplex will have 800,000 more people than the Dallas area currently has today. The Mobility Crisis • Imagine the current congestion around Dallas. • Add 800,000 more people. • Then take away rail service, bus service and improved highways. 6 The Mobility Crisis • A 20-minute commute today will take 52 minutes in 2025. The Mobility Crisis • In less than 25 years, there will be three times as many people as jobs available in Johnson, Parker and Wise Counties. • This will add even more commuters to highways into Tarrant County. 7 The Mobility Crisis • Our air qualitykol will get worse and worse as y , cars sit on freeways and ' • trains sit on tracks. Tower 55-Fort Worth The Mobility Crisis Is this the future that we want? 8 The Mobility Crisis Why should we care about the future of transportation? It's about our economy. The Mobility Crisis • Today's congestion costs North Texas more than $4.2 billion annually in lost productivity and wasted fuel. • By 2025, the cost of congestion will be more than $6.6 billion each year. 9 The Mobility Crisis • Employees stuck in traffic affect productivity and morale • Goods cannot move efficiently throughout the region • New economic development is stifled because companies do not want to be located in a region where gridlock is constant The Mobility Crisis How much time with our family and friends are we willing to give up because r we're stuck in traffic? 10 The Mobility Crisis Are we willing to risk our health I and our childrens' as the air quality worsens? The Mobility Crisis Are we willing to jeopardize the economic vitality of our region? 11 What Are We Doing About the Mobility Crisis? We have a plan: Metropolitan Mobility Plan 2030 • Adds 3,444 miles of new freeway and tollway lanes • Adds 626 miles of managed lanes • Adds 250 miles of rail service There is a Plan: Freeways/Tollways Ta f 1 r 12 1 There is a Plan: HOV/Managed Lanes 1 LIAO -a f There is a Plan: Rail 197kdM11ona1 Rab M'I- K 56.6 BE- 13 NQRT7-ITEXAS 1 � Jl Legend -jx Wry Sen�ce P og r P n9 YreF!e LNd LbrelaPreen! -Pralecis Ra+�tlieg.L n FurMrg � _ �. Coo.Belo P.-I Fu ,N ft u h Ptid�c.Prxab Palin P Ex.y i Ro C—md Fnaru Lme —�v�+m .Laos aa�.wr urd, F.Yk.CBD M-280 Coni.BellU- I $�d^'aY L�^a Ratkrcall Line BHSF4�nn I` OuratlSy Spur Lreb S-yen WM ' S1PRR U. ca.ua .ea mnaw uw��+!w�x Swq�eaaa una �rcew�m.wrv.�r�ra�wniw.ar MainfieW Line _ wn rrMsr�.wuxene. .'i+.. ..s.rnnwe.r.r W' U.o 6ina� e.�mm w p w� �_hbrnrie Lrm lYa i.�d m�alaaearl drtlw D C9CfonNaej , _ 251 Rel Miles Pending Funding The Mobility Crisis The problem is: We can't afford it • We need $130 billion over the next 20 years to maintain and expand our transportation infrastructure. • We're currently $59 billion short. 14 The Mobility Crisis Funded Unfunded Metropolitan Transportation Needs Needs System Components (Billions/ (Billions/ 2006$) 2006$) Operation&Maintenance $18.7 Congestion Mitigation Strategies $2.1 Bicycle&Pedestrian Facilities and $1.1 Transportation Enhancements Rail and Bus Transit System $11.0' HOV and Managed Facilities $3.3 Freeway and Toll Road System $26.4 $12.72 Regional Arterial and Local Thoroughfare System $5.7 $6.0 Additional Cost to Purchase Right-of- $1.1 $3.4 billion obtained Way through Regional Transit Rehabilitation Costs $2.6 $32.1 Initiative Goods Movement/Rail Freight Costs 2 Includes Freeway-to- (Trans Tx Corridor) $6.7 Freeway Interchanges TOTAL $70.9 (55%) $58.6 (45%) $129.5 Billion Revised:February 28,2007 The Mobility Crisis • Available resources are not keeping up with demand for new roads and repairs to existing ones. 15 Why Don't We Have Needed Resources • Historical under-investment • No political will to raise gas tax rate • Diversion of transportation - revenue and funding • Reduced purchasing power of transportation funding • The highway system is aging beyond its design life • NAFTA and trade growth What Needs to Happen to Protect Our Region and Quality of Life We need to tell our legislators that: • Transportation is important • We need to increase our level of investment in transportation • We are willing to pay a little more to sustain mobility--authorize a local option transportation tax and fee 16 I What Needs to Happen to Protect Our Region and Quality of Life We need to convince our legislators to: • Stop diversion of transportation revenue/funding • Index the motor fuels tax • Capitalize the rail relocation fund • Recapitalize the Texas Mobility Fund rpm Get Involved in the Solution! • Become more informed • Become a TRTC member and attend TRTC monthly meetings • Contact your state representative and senator and urge their support of increased transportation investment 17 r � For More Information on TRTC • Visit our website: www.TRTCMobility.org • Contact Vic Suhm, Exec. Director - Phone: (817) 262-7230 - Email: vic@ntc-dfw.org Questions? 18 Regional Transportation Council T The Transportation Policy Body for the North Central Texas Council of Governments . ' (Metropolitan Planning Organizatton for the Dallas-Fort Worth Region) DATE: December 11, 2008 TO: County Judges and Mayers; Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties FROM. Londa Koop, Chair, Regional Transportation Council Councilmember, City of Dallas SUBJECT: Request for Support of the Regional Transportation Council Legislative Program for the 81"Texas Legislature Including Rail North Texas The 81"t Texas Legislative Session begins on January 13, 2009. This legislative session will provide the opportunity to focus on transportation issues. It is critical the Dallas- Fort Worth region unite behind a common position. Following several months of discussion and consultation with partner entities, the Regional Transportation Council (RTC) passed a legislative program containing three high-priority positions, as well as additional positions to support and monitor. In addition, the RTC developed a specific legislative proposal on Rail North Texas in a separate resolution. On behalf of the RTC, am requesting your entity pass a resolution of support for the attached legislative position and Rail North Texas proposal, and I ask that you make transportation your top legislative priority for the upcoming session. The highest legislative priority for the RTC is approval of Rail North Texas. This effort has been chaired by RTC member Jungus Jordan, Councilmember for the city of Fort Worth. Through this initiative we are seeking the authority to create a transportation funding area made up of existing entities that will select projects with city and county coordination; we are also seeking to call an election to levee fees or taxes from a menu of authorized options. These fees and taxes will be unique to each county allowing the local elected officials to select the best revenue options for their communities. Once revenue is generated, it will be placed in an account dedicated to each county and distributed to transportation partners such as Dallas Area Rapid Transit, Denton County Transportation Authority, and The Fort Worth Transportation Authority to construct and operate transportation projects. The revenue raised will be primarily focused on building 251 miles of additional rail for a seamless passenger rail system, but other transportation improvements may be selected to level the playing field for current transit authority member cities. For more information on Rail North Texas, please review the enclosed packet and visit www.nctcog.org/mt. P. 0. Box 5888-Arlington,Texas 76005-5888-(817)695-9240-FAX (817) 640-3028 Page 2 December 11, 2008 A second priority is to expedite backlogged roadway projects statewide by increasing funding for transportation through several strategies. First, the Legislature should end diversions of transportation funding to non-transportation purposes and ensure that all transportation fees and taxes are placed into the State Highway Fund or the Texas Mobility Fund. A constitutional amendment to protect all State highway funds for transportation purposes would provide the certainty that these funds would be available into the future. Once transportation funding is protected, the RTC is calling for the State motor fuels tax to be increased and indexed to inflation. Finally, in 2047 voters approved $5 billion in general obligation bonds dedicated to transportation; the Legislature should appropriate general revenue to support issuance of these bonds. The third priority position is to capitalize the Rail Relocation Improvement Fund (RRIF). This fund was approved by voters in 2005, but the Legislature has yet to provide this funding. The RMF would provide funding to relocate freight rail lines outside of major metropolitan areas to expedite the movement of goods, improve safety, and enhance air quality. The RRIF is critical to solving the Tower 55 concerns in Fort Worth at the intersection of the Union Pacific and BNSF rail fines just south of downtown. Improving the transportation system will benefit every community in the Dallas-Fort Worth region. By supporting Rail North Texas, increasing funding, and addressing goods movement, our region can improve the transportation system and be prepared for the projected 9 million residents that will live in this region in 2030. In order to be effective in getting these positions passed, the entire region needs to show unity for the RTC's legislative position.We request that your entity pass a resolution in support of the RTC Legislative Program for the 81 st Texas Legislature. Please send a copy of your resolution to Amanda Wilson, A.LC.P, Transportation Planner, NCTCOG, 616 Six Flags Drive, Arlington, Texas, 76011. We look forward to a successful legislative session and appreciate the support of your community for advancing transportation policies that will improve our region. Please feel free to contact me or Michael Morris, P.E., Director of Transportation for the North Central Texas Council of Governments, at (817)695-0241 if you have any questions regarding the RTC Legislative Program. Lin a oop Chair, Regional Transportation Council Councilmember, City of Dallas cc: County Administrators City Managers Transportation Authority Executive Directors Chamber of Commerce Presidents Transportation Partner Organization Executive Directors Enclosures RESOLUTION APPROVING A REGIONAL TRANSPORTATION LEGISLATIVE PROGRAM FOR THE 81ST TEXAS LEGISLATURE (R08-08) WHEREAS, the North Central Texas Council of Governments is 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 the regional forum for cooperative decisions; and, WHEREAS, federal law, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users assigns the Metropolitan Planning Organization the responsibility for carrying out the metropolitan transportation planning process, in cooperation with the state and operators of publicly owned transit services; and, WHEREAS, the current metropolitan transportation plan, Mobility 2030, contains $70 billion ($2005, source: Mobility 2030) $77 billion ($2008) $135 billion (year of expenditure, source: Mobility 2030, State of the Region) of projects, programs, and policies that aggressively target traffic congestion, provide for multimodal travel options, improved air quality, and increased quality of life in a cost effective manner; and, WHEREAS, the Regional Transportation Council has identified, through the Texas Metropolitan Mobility Plan, an additional • $59 billion ($2008, source: Mobility 2030) $64 billion ($2008) $109 Million (year of expenditure, source: Mobility 2030, State of the Region) of unfunded transportation needs to eliminate only the most serious congestion in the Dallas-Fort Worth region; and, WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS, a significant transportation funding crisis exists due to factors such as revenue sources that have not kept up with inflation, large increases in construction costs, federal rescissions, diversion of State transportation funds, an aging transportation system, and future uncertainty for the federal Highway Trust Fund; and, WHEREAS, an integrated system of highways, toll roads, local streets, passenger rail, freight rail, and aviation facilities is essential to the movement of people and goods within and through our region in order to continue to have economic success; and, WHEREAS, local governments are funding a larger share of transportation improvements through local sales taxes, property taxes, toll roads, and allocations from general funds due to decreasing federal and State revenues; and, WHEREAS, the market valuation process and local tall agency primacy established by SB 792 (800 Texas Legislature) are cumbersome, have created a situation where two agencies'are in apposition. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Regional Transportation Council will actively pursue a three point legislative position during the 81st Texas Legislature, as detailed in Attachment 1. Section 2. The Regional Transportation Council is working with the North Texas Tollway Authority and regional partners to develop a common position on delivering toll roads. Section 3. This resolution will be transmitted to the North Texas legislative delegation. Section 4. This resolution will be transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region's highest legislative priority for the 81't Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCOG. Section 5. The NCTCOG Transportation Director is authorized to communicate these positions on behalf of the Regional Transportation Council. Section B. This resolution shall be in effect immediately upon its adoption. in2d;o , air Regional Transportation Council Councilmember, City of Dallas I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on October 9, 2008. . go%.. A) • Ron Natinsky, Secretary Regional Transportation Council Councilmember, City of Dallas Attachment 1 Ai- NORTH • GOVERNMENTS Regional Transportation C • uncil December 2008 — Dallas-Fort Worth Regional Transportation Council Legislative Program 81st Texas Legislature L%ce islation to Actively Pursue Support the Rail North Texas initiative to provide options to fund regional rail. Authorize metropolitan regions to enact a local option transportation tax with voter approval for rail and roadways. Advancing passenger rail continues to be the primary focus of the legislative program. Support initiatives to expedite backlogged roadway projects: * Constitutionally protect all revenues in Fund 006 for roadway maintenance and capacity improvements; * Discontinue the diversion of transportation resources; * increase and index transportation taxes, such as the motor fuels tax; * Provide funding for the Proposition 12 General Obligation bonds; and, * Reallocate highway user fee revenues from the General Revenue Fund to the Texas Mobility Fund. Capitalize the Rail Relocation Improvement Fund. Revenues for goods movement are critical to enhance rail freight mobility. North Central Texas Council of Governments • Regional Transportation Council `® NCTC©G Executive Board 2008-2009 President Director Director Director John Murphy Mike Cantrell Carter Porter Kelly Walker Councllmember Commissioner,Dallas County Councilmember,City of Wylie Mayor Pro Tem City of Richardson Director Director City of University Park Vice President Linda Koop Sheri Capehart Director Bobby Waddle Councilmember,City of Dallas Councilmember,City of Arlington John Matthews Mayor,City of DeSoto Director Director Commissioner,Johnson County Secretary-Treasurer Carter Burdett* Allen Harris General Counsel B.Glen Whitley Councilmember, Mayor Pro Tem Jerry Gilmore County Judge,Tarrant County City of Fort Worth Cfty of The Colony Executive Director Past President Director R.Michael Eastland Chad Adams Keith Self County Judge,Ellis County County Judge,Collin County Regional Transportation Council 2008-2009 Linda Koop,Chair Rab Franke,P.E. Pauline Medrano Councilmember,City of Dallas Mayor,City of Cedar Hill Councllmember,City of Dallas B.Glen Whitley,Vice Chair Bill Hale,P.E. John Monaco County Judge,Tarrant County District Engineer Mayor,City of Mesquite Ron Natinsky,Secretary TxDOT,Dallas District Rich Morgan Councilmember,City of Dallas Roger Harmon Citizen Representative,City of Dallas Ron Brown County Judge,Johnson County John Murphy Commissioner,Ellis County Kathleen Hicks Councilmember,City of Richardson Mayor Pro Tem,City of Fort Worth Mike Cantrell Robert Parmelee Commissioner,Dallas County Vonciel Jones Hill Chair,Fort Worth Sheri Capehart Councilmember,City of Dallas Transportations Authority Councilmember,City of Arlington Joe Jaynes Mark Riley Maribel Chavez,P.E. Commissioner,Collin County County Judge,Parker County District Engineer Ron Jensen Rick Stopfer TOOT,Fort Worth District Councilmember,City of Grand Prairie Councilmember,City of Irving Maurine Dickey Ron Jones John Tatum Commissioner,Dallas County Mayor,City of Garland Citizen Representative,City of Dallas Lee Dunlap Jung us Jordan T Oscar Trevino,Jr.,P.E. Councllmember,City of Plano Councilmember:City of Fort Worth Mayor,City of North Richland Hills Rudy Durham Pete Kamp Marti VanRavenswaay Councilmember 'Mayor Pro Tem,City of Denton Commissioner,Tarrant County City of Lewisville Mike Leyman Paul Wageman Charles Emery Councilmember,City of Mansfield Chair Board Chair,Denton County North Texas Tollway Authority Transportation Authority John Laza Board Member Cynthia White Mark Enoch Dallas-Fort Worth international Airport Commissioner,Denton County ' Board Member Dallas Area Rapid Transit Matthew Marchant - Bill Whitfield Councilmember,City of Carrollton Mayor,City of McKinney Sal Espinio Councilmember, Mahre Maso Kathryn Wilemon City of Fort Worth Mayor,City of Frisco Councilmember,City of Arlington Chris Florence Bill McLendon Michael Morris,P.E. County Judge,Rockwall County Councilmember,City of Hurst Director of Transportation,NCTCOG Surface Transportation Technical Committee Brian Barth,Chair TOOT,Dallas For more information,contact Amanda Wilson at(817)895-9284 or owilson@nctcog.org. RESOLUTION APPROVING A LEGISLATIVE POSITION ON RAIL NORTH TEXAS: A PRIMARY RAIL LEGISLATIVE PROGRAM WITH SUPPLEMENTAL ROADWAY IMPROVEMENTS (Updated R08-11) WHEREAS, the North Central Texas Council of Governments is 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 the regional forum for cooperative decisions; and, WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS, the Rail North Texas effort has been a bottom-up process to include local elected officials, business leaders, the public, and State legislators and has resulted in a specific legislative proposal. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT. Section 1. The Regional Transportation Council supports seeking legislative authority to create a Transportation Funding Area (TFA)for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. Section 2. The Regional Transportation Council continues to support the principles contained in the three transportation authorities'"Joint Recommendation for Regional Rail in North Central Texas." This rail initiative will be constructed by existing transportation providers. Section 3. The Regional Transportation Council does not support the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region. Section 4. The Regional Transportation Council supports implementation of Rail North Texas in the Dallas-Fort Worth region consistent with, • The "Policy Summary" in Attachment 1, • The "Questions and Answers About Rail North Texas" in Attachment 2, • What the Rail North Texas initiative is not as contained in Attachment 3, • The "Project Selection, Funding, and Implementation Process" in Attachment 4, and • The specific proposal outlined in Attachment 5. Section 5. The Regional Transportation Council wishes to implement a TFA for the sole purpose of implementing rail and supplemental roadway improvements. Section 6. This resolution will be transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region's highest legislative priority for the 81st Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCO G. Section 7. This resolution will be transmitted to the Texas legislative delegation. Section 8. The NCTCOG Transportation Director is authorized to communicate these positions on behalf of the Regional Transportation Council. Section 9. This resolution shall be in effect immediately upon its adoption. 4dKOop. Ch r Regional Transportation Council Councilmember, City of Dallas I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on December 11, 2008. Ron Natinsky, Secretary Regional Transportation Council Councilmember, City of Dallas POLICY SUMMARY • PriMary rail with supplemental roadway • u � �1 by exosting transportat��on authorities and B transportaflon providers • Limited Transportation Funding Area (TFA) — Largely passenger raH — Funding only, non-construction — No fourth authority — No bonding authority needed — Coordination of regional projectf-3 d County elections determined by iocal electo officials and citizen vote Legislators: no sales tax, create menu POLICY SUMMAREfl'' Equuf�y: creates revenue districts for service areas , money stays in county generated AccountabHH'(.y rests with TFA and counties -, includes public hearing requirements — RTC Transportation Implementers Subcommittee Probably: one uniform rate for 12 counties and supplemental county revenues • Some revenues expire • Decisions on projects and taxes/fees made by local elected officials • Counties can opt out • Transportation providers issue bone • Projects fixed with voter approval — no reallocation Attachment Questions and Answers About Rail North Texas If the initiative is called Rail North Texas,why is there not a greater focus on rail in the bill outline? The bill outline was developed to be used statewide and other regions may want to focus on roadway improvements. The RTC may wish to amend the bill outline to bracket a section specific to the Dallas-Fort Worth region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the focus. Who is accountable under this model? This is the strength of this approach. Three groups, working as partners, are all accountable. First, under this model, the Metropolitan Planning Organization policy body —the Regional Transportation Council in the Dallas-Fort Worth region — is responsible for making sure that projects stay on schedule. In DFW, the North Central Texas Council of Governments' Executive Board will hold the revenues, eater into interlocal agreements with implementing agencies, and disburse funds to local governments and transportation providers. As recommended by the three transportation authorities, the RTC will form a Transportation Implementers Subcommittee consisting of the three transportation authorities, TxDOT, and NTTA. This subcommittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement will select the projects. Third, transportation authorities will extend already proven services to construct the projects. What if I have a problem with the taxes and fees and don't have a representative on the RTC or Executive Board? Is there a way to address those bodies? No projects can be built, or taxes and/or fees imposed, that voters have not approved. Internet-based reports will keep citizens up to date. The Transportation Funding Area (TFA)will convene a meeting separate from the normal MPO policy board meeting to hear from citizens or local government on any concerns. The Regional Transportation Council has been planning and expediting projects for over 30 years. 1 How will projects be selected by the TFA? ■ The TFA (the Regional Transportation Council in the Dallas-Fort Worth region) will issue a call for projects to transportation authorities, cities, counties, TxDOT, and NITTA. • Existing transportation authorities will be primarily responsible to submit rail projects. • All entities will submit project applications back to the TFA. • TFA staff will evaluate projects based on whether they met basic criteria. • Subarea roundtables will be convened in each county and will be made up of elected officials and technical staff for the county, each city, and transportation providers within that county. TFA staff will also participate. • The subarea roundtables will determine the priority ranking of projects within each county and make a recommendation to the TFA. • Passenger rail will be given priority. Warranted rail lines have already been established by subarea roundtable members. Rail lines which cross multiple counties will need special priority attention if supported in neighboring counties. • The TFA will vote on the subarea roundtable recommendations. This process is identical to recent projects selection efforts of the Regional Transportation Council. How will taxes and fees be selected by the TFA? • When subarea roundtables are determining the projects they wish to fund, they will consider the revenue needed plus contingency construction funding for each project. • Based on the revenue needed, the subarea roundtables will select an appropriate mix of taxes and fees at agreed-upon rates for that county and make a recommendation to the TFA. • The TFA may propose a TFA-wide tax or fee for discussion during the subarea roundtable process. • Subarea roundtables will approve the taxes and fees. • The TFA will vote on the subarea roundtable recommendation. How will the election be held? The TFA will prepare a ballot for each county within the TFA and submit it to the elections administration of each county to be placed on the ballot. Voters will be asked to approve both the proposed projects and proposed taxes and/or fees. In each county where the majority of voters approve the taxes and/or fees for the TFA, the taxes and/or fees will be imposed and projects constructed. Projects are fixed with the citizen elections and no changes can be made without voter approval. 2 Can a county opt out of Rail North Texas? Yes, if the subarea roundtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Toll Revenue Funding Initiative or subsequent funding initiatives. What if a county motes no? Through the Rail North Texas initiative, local elected officials looked at city-by-city, county-by-county, or regional votes. The county geography was selected as the most appropriate, but it could result in one or more counties voting not to join the TFA. Where this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTCOG Executive Board, the TFA, and the MPO policy board. An Internet-based reporting system will be accessible to all cities, counties, and citizens of the region. Will the taxes and fees ever go away? Yes, for revenues raised for construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes and/or fees for capital (building) expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA within that subarea to build other projects could extend taxes and fees if a majority of voters approve. Who will issue bonds? The entity carrying out construction will issue bonds for each project. That will be either a transportation authority, city, county, TxDOT, or NTTA. Authority to issue debt is included in the bill outline because other areas of the state may wish for the TFA to undertake this task, but Dallas-Fort Worth will be exempt from that authority. Who will build the projects? In the Dallas-Fort Worth region, the TFA will not build projects. Projects will be built by Dallas Area Rapid Transit, Denton County Transportation Authority, The T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. 3 If the TFA isn't building projects, why should we create a TFA? Many of the passenger rail projects that are needed in the Dallas-Fort Worth region cross county boundaries. There is a need to coordinate the planning, financing, and implementation across the entire region, so a regional entity is best equipped to do that. In addition, in the DFW region, there is an established process to hold and disburse funds within the RTCINCTCGG process so each county won't have to develop a new accounting and agreement system to implement multiple projects with different entities. How long will it take to see rail being constructed? That depends on several factors such as current freight rail use of the rail lines, environmental reviews, transportation authority staff availability, number of projected riders, and many other items. Generally, the rail lines in the plan could be open to riders starting in 2011 through 2030. The timeline will be known to voters and included in the subarea elections. Aren't the taxes and fees regressive, meaning harder to be paid by lower income citizens? In some cases, yes, but each subarea will be able to select the best taxes or fees for its residents. The rail lines proposed will benefit lower income populations by providing a transportation option at a much more affordable rate than owning a vehicle. The region will push for the vehicie registration fee to be implemented based on the value of the vehicle. Transit carries such a small percent of overall commuters,why even mother? While that may be true if you look at the whole region, our current transit system does not serve the entire region. Looking at highway corridors where there is parallel transit service, about one lane of traffic in each direction is removed by transit service. This benefits the people using transit and the people using the roadway that see reduced congestion. Looking at the rail map, new rail lines are proposed next to extremely congested corridors such as 1-35W in Fort Worth, US 75 in Collin County, US 287 in Tarrant and Johnson counties, and SH 121 in Tarrant County. Rail in the U.S. 75 corridor carries the equivalent of two freeway lanes in each direction. Will TxDOT just take away traditional funding if our region starts funding transportation from local sources? We will make sure that doesn't happen and there is precedent for protecting state and federal funds. When our region began building toll roads, we obtained assurances from the Texas Transportation Commission, the TOOT policy body, for state and federal funds to never be reduced to Dallas-Fort Worth. Similarly, the Legislature has required continued federal and state funds even after private-sector concession payments on toll roads. The bill outline contains a similar provision for Rail North Texas that advocates will seek during the upcoming legislative session. 4 Why not just try to get more federal and state funds? That is part of the comprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far more flexible and have less bureaucratic red tape so projects can be built for less money and much more quickly. So, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. Local funds are not impacted by donor/donee losses and revenue diversions. Transit won't work in the Dallas-Fort Worth region because it's too spread out, why are we trying to do this? The success of light rail through Dallas Area Rapid Transit as well as the success of the Trinity Railway Express proves that rail transit will work here. DART, DCTA, and The T have seen skyrocketing increases in passengers this year as gasoline prices soared. Even as gas prices start coming down, the transportation authorities are keeping most of those new passengers. Other areas of the country with density similar to or even less than Dallas-Fart Worth also have successful transit systems (San Francisco, Minneapolis, St. Louis, etc.) Shouldn't we be able to elect or vote out of office people raising our taxes? Most of the members of the Regional Transportation Council are elected officials and each city is represented by a member of the RTC. Alternatively, the boards of directors of the current transportation authorities—with authority to impose a sales tax—are not elected positions, in fact the members are not elected officials at all. Every person registered to vote will have the opportunity to vote for or against the taxes for the TFA. These taxes will be for specific projects that can not be changed after the election. Elected officials (through the subarea roundtables) and citizens (through the election) will control the taxes and fees for selected projects. Is this adding another level of government? No. It will be adding a new tax or fee, but there will not be a new entity created with a new board and new staff. The existing Regional Transportation Council and NCTCOG Executive Board will oversee the TFA finances. These are unpaid positions. NCTCOG staff will administer all of the funds and contracts. While some additional staff may be needed, the administrative expenses will be minimal. Whether administered through a TFA housed at the NCTCOG or through the existing transportation authorities, additional taxes and/or fees are needed to implement the regional rail system. 5 How will voters know what they're getting for the money? Before going to voters in an election, subarea roundtabies will select projects with specific timelines and related taxes and/or fees. Representatives of the counties, cities, TFA, and other advocates will present the plans to the public in public meetings, Brochures, websites, and other means before the election is held. This will be similar to bond issuance votes that occur periodically in cities and counties throughout the region. With voter approval, the projects are fixed in each subarea. Would tax dollars be better spent on highways since transit doesn't pay for itself? Almost no transit system in the world pays for itself out of passenger fares. Some amount of government assistance through taxes or fees is required. The Dallas-Fort Worth region has an extensive plan to build both rail and highway improvements. In order to serve an expected population of 9 million by 2030, we will need all modes of transportation to move people and goods within and through our region. Passenger rail systems are very reliable and run on schedule. Roadways often are unreliable due to incidents, accidents, weather, and construction. Will the TFA start telling the transportation authorities what to do? The transportation planning process is extremely collaborative. Projects will be built that have been in the metropolitan transportation plan for decades. The transportation authorities will be assisting in the refinement of the rail plans for each subarea. Transportation authority board members sit on the RTC and are vital to the planning process and are the implementers of transit projects. The TFA will not be involved with decisions the transportation authorities make on projects funded through current sales tax revenue. This is merely a way to generate and disburse additional money for projects that can't be built with exiting revenues. Sales tax has been the way transit is funded up to this point, why is sales tax no longer a funding option? During the last two legislative sessions the region has tried to get additional sales tax authority for transit, but it has been rejected. We have worked closely with the business community—the strongest opponents to raising the sales tax—to find new revenue options. Business is supportive of transit as a way to move employees and customers reliably. The Legislature has also asked repeatedly for the region to look at other options. The RTC is trying to balance the needs of all interested parties. The State may need sales tax to fund additional needs for Texas in the future. 6 Why are we not using the tri-party agreement from 2006? Over 100 local governments and chambers of commerce signed onto the tri-party agreement, which called for the three existing transit authorities to work together to implement regional rail and called for an additional sales tax of up to 1 percent to be imposed outside of the DART and DCTA service areas. The support for that effort was overwhelming, but the Rail North Texas process is fundamentally different. Local governments and organizations should have an opportunity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even though sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. Will DART cities be double taxer!? Any new taxes and/or fees will be imposed for an entire county, so if Dallas County or Collin County vote to approve new taxes or fees, DART cities will pay these new taxes and/or fees as well as the current 1 percent DART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail fines by decades or it could be to improve bridges or streets. All new revenues in the DART service area will remain for that service area to construct additional transportation. This special account is the result of not being able to add sales tax to non-DART cities. Could the TFA reallocate money away from transit projects when there is a shortfall of highway dollars? No. By taking a set of specific projects with specific funding sources to the voters, the TFA will be making a commitment to fund those projects. An internet-based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. Will creating a TFA slow down the process of building the rail lines? No. The fact is that none of the rail lines on the map can be built until our region identifies funding. There are very few cities along the rail lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA to raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. 7 Why are roadway improvements part of something called Rail North Texas? The primary focus of Rail North Texas is funding a passenger rail system. Because a previous effort to allow higher sales taxes on a city-by-city basis failed, the Regional Transportation Council began looking at other taxes and fees, all of which need to be implemented on at least a county-by-county basis to be successful and not unduly influence buying or living decisions. This means that taxes or fees could be imposed over DART residents. Not wanting to double tax anyone for the same service, local elected officials determined that funds generated in the DART service area could be used to build supplemental roadway projects. In addition, because a fee may be used in 12 counties, revenues for areas that do not yet have warranted rail projects could go to roadway projects. Why not fust let the revenues go straight to the transportation authorities? There must be supreme confidence that the money generated will be used for the purposes stated at the time of the vote. The RTC and its staff'have already developed this type of accounting system for the State Highway 121 toll road payment. In addition, because rail projects will cross county, and sometimes transportation authority, boundaries, it makes sense for a regional entity to administer the funds. Finally, because roadway projects will most likely be involved, a regional planning agency will already have established processes for transferring funds to either TxDOT, cities, counties, or NTTA to implement projects. Attachment 3 The Rail North Texas Initiative is: Not creating a new level of government or a fourth transit authority.. Not collecting money in one county and spending it in another county. Not creating a "one size fits all" transportation solution. Not creating an additional organization to plan, finance, or construct projects. Not deciding for citizens on what they wish to do. Not double taxing the DART service area since revenue collected within one area will go to regional rail, accelerating current rail projects or to build other transportation projects. Not having construction fees or taxes stay on forever. Fees and taxes would only last the duration of the bond repayment period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on TxDOT or others to fund our needs. Not delaying projects which would result in higher and higher costs. Not following the current State and federal approach of raising revenues with no assurances that specific projects would advance. KAIL NQ TH TEXAS PKUJL:C: f 5ELLU I 1 N1 FUNDING , AND IMPLEMENTATION PROCESS RTC initiates "call for projects." Project applications are received and technically evaluated. (Same process as currently being used.) m Subarea Roundtable (county geographic area) that includes citizens, 0 transportation authorities/entities/departments, and local elected officials ' 0" select priority for submitted projects. I D � ca o RTC Regional system review; financing and revenue options are developed. I . I � I Cr . W Projects and revenue options sent to Subarea Roundtables for review, C. refinement, and approval. o RTC requests voter approval for a funding package to proceed with construction of specific projects for subareas within a specified time frame. Subarea funding accounts are developed and monitored. m Existing transportation authoritieslentities!departments implement the specific projects authorized by the election. Formal RTC Transportation Implementers Attachment 5 District-wide Local Voter Option DRAFT Outline— December 11, 20018 Version The bill shall authorize the eight Transportation Management Areas within Texas to form a Transportation Funding Area (TFA). The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility needs. The metropolitan planning organization (MPO) policy making body may establish a TFA by a two thirds vote of its members following a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the metropolitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the metropolitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire county. The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not to serve as the TFA board of directors, in which case it may establish an alternative board of directors. At least two thirds of the membership of any alternative board of directors shall consist of local elected officials of cities and counties within the TFA. The bill shall authorize a TFA to. • Levy fees and taxes subject to voter approval • Issue debt • Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freight rail • Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute. • A vehicle registration fee, not to exceed $150 per vehicle per year • A motor fuels excise tax, not to exceed $0.10 per gallon • A mileage fee, not to exceed $0.01 per vehicle mile driven • A property tax, not to exceed $0.05 per$100 appraised value • A driver's license fee, not to exceed $50 • New resident impact (vehicle registration), not to exceed $250 1 For purposes of this bill, "subarea" will mean the geographical area of a county being represented by city and county elected officials and the public located within that county geographical area. The TFA shall use the established process and criteria of the MPO in identifying mobility needs and selecting projects to fund, using the following protocol: • The MPO issues a call for projects • Cities, counties, and transportation authorities within the TFA submit projects • The MPO evaluates and ranks projects on a subarea basis. Subarea roundtables of elected officials and technical staff provide input on project rankings and the taxes and fees needed to meet the highest ranked project needs • The MPO develops a ballot specific to each subarea within the MPO listing the highest ranked projects and recommended fees and taxes to generate revenue to fund the projects, correlating projects on the sample ballot to estimated revenues generated by fees and taxes levied on a subarea basis so that the fee and tax revenue generated in a particular county funds projects in that county • On a date authorized by the legislature, the TFA shall submit all ballots for voter approval. Ballet language adopted by the MPO policy board shall list: • the value of the bonds to be issued • each tax or fee to be levied, • the rate of each tax or fee to be levied, • the month and year in which the tax or fee levy shall begin, • the transportation operations, maintenance and capital projects to be funded, • the sources of revenue that will cease when capital projects are completed, and • the estimated time frame for the implementation of each project. The vote results shall be tabulated on a county basis. Fees and taxes will be levied only in a county in which a majority vote is cast in favor of the projects, fees and taxes listed on the ballot. The bill shall indemnify metropolitan areas: Metropolitan planning areas shall not be penalized in terms of losing traditional transportation funding by virtue of their establishing a TFA and their voters agreeing to pay additional transportation taxes or fees. TxDOT shall not reduce any allocation of traditional transportation funding to any of its districts by virtue of a district being in a metropolitan planning area that establishes a TFA and levies additional transportation taxes or fees. Implementation of this legislation within the Dallas-Fort Worth region will be as follows' The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway improvements will be considered on a supplemental basis and to create equity for municipalities that are members of a transportation authority. The TFA will convene as the Regional Transportation Council and will initiate special meetings at least once a quarter to hear public comments on projects, taxes, or fees. These meetings shall be properly advertised. A subcommittee of the MPO policy making body will be created for the transportation authorities and transportation providers to monitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Council Resolution Updated R08-11 and Attachments 1-5. ' This process is modeled after the Regional Toll Revenue Funding Initiative. 3 Town of Westlake Item # 6 — Future Agenda Items 8. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under "Future Agenda Item Requests", an agenda item for a future Board meeting. The Board member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, the Town Manager will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. - Items submitted will be discussed as part of the regular meeting and are listed on the regular meeting agenda. Council Planning Calendar Items not scheduled for a specific meeting are listed here (require discussi Date Contact Description Format 5/23/08 J. Greenwood Southlake Waterline Proposal Workshop 5/30/08 T. Meyer Cemetery Rules and Regulations Workshop 7/29/08 T. Meyer Park and Rec. Adv. Board Workshop 12/15/08 D. Piper Hear and Accept Town's Annual Audit Report (Feb/Mar) Meeting 1/2/09 J. Greenwood Report on Recycling Program Update Feb. 23, 2009, Meeting (submittal deadline Feb. 12) 7 p.m. Date Contact Description Format 12/9/08 T. Meyer Update on Arts & Sciences Center Building Workshop 1/13/09 D. Piper Consideration of 2009-10 Budget Adoption Calendar Workshop 12/9/08 T. Brymer Discussion regarding Strategic Plan Workshop 1/20/09 D. Wilson KPD Racial Profiling and Yearly Service Report Meeting 1/5/09 D. Piper Municipal Court Credit Card Contract Amendment (consent) Meeting Mar. 9, 2009, Meeting (submittal deadline Feb. 26) 7 p.m. Date Contact Description Format 11/12/08 T. Brymer "Green Initiative" Mike Conduff Workshop 1/13/09 T. Brymer Deloitte Status Presentation Workshop 12/9/08 J. Greenwood FM 1938 Streetscape concepts presentation Workshop Mar. 23, 2009, Meeting (submittal deadline Mar. 12) 7 p.m. Date Contact Description Format 1/13/09 T. Brymer Presentation of Direction Finder Survey Results Workshop 1/26/09 D. Wilson Cell phone restriction Workshop 11/13/08 K. Sutter Approve election contract with Tarrant County Meeting January 2009 Februar 2009 S S M T W Th F Sa S M T W Th F Sa S M T W Th F a 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 10 11 12 13 14 8 10 11 12 13 14 11 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 24 25 26 27 28 22 24 25 26 27 28 25 27 28 29 30 31 29 30 31 Trustee and Aldermen Meeting Aldermen Meeting Holiday Town of Westlake Item # 7 — Council Calendar 7. COUNCIL CALENDAR - TML Legislative Briefing o Monday, 2/9/09, Austin, TX Town of Westlake Item # 8 — Executive Session Back up material has not been provided for this item. 8. EXECUTIVE SESSION The Council will conduct a closed session under Texas Government Code for the following: a. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease or value of real property: Easements for F. M. 1938 Project. b. Pursuant to Section 551.071(2): consultation with town attorney on a matter in which the duty of the town attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter: Gas well drill sites and property rights. Town of Westlake Item # 9 — Reconvene Meeting Back up material has not been provided for this item. Town of Westlake Item # 10 — Take Any Action from Executive Session, If Necessary Back up material has not been provided for this item. Town of Westlake Item # 11 — Adjournment Back up material has not been provided for this item.