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HomeMy WebLinkAbout2004-127FILE REFERENCE FORM 2004-127 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other 1 ALG 11111R113 First Amendment to ICA — Ordinance No. 2006-090 1 04/04/06 1 ) R SAOur Documents\Ordinances\04\lnterlocal-DCTA-ELAP Funds.doc ORDINANCE NO.Os 6W - AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY RELATING TO AN ENHANCED LOCAL ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority (the "Authority") at an election held on November 5, 2002 was duly confirmed as a transit authority pursuant to Chapter 460 of the Texas Transportation Code; and WHEREAS, a sales and use tax levy was authorized by and for the benefit of the Authority at an election held on September 13, 2003 within the municipal limits of the City of Denton; and WHEREAS, the Authority as a part of its duly adopted Service Plan has a adopted and provided for an Enhanced Local Assistance Program ("ELAP") to assist eligible and participating cities to facilitate their public transportation system with financial assistance for projects approved by the Authority; and WHEREAS, the City of Denton and the Authority desire to enter into an Interlocal Cooperation Agreement to provide for funding for eligible ELAP projects within the City in substantially the same form as the Interlocal Cooperation Agreement attached to and made a part of this ordinance by reference (the "Interlocal Agreement"); and WHEREAS, the hnterlocal Agreement serves valid public purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Mayor, or her designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City of Denton. SECTION 3. The City Manager, or his designee, is authorized to execute any other documents on behalf of the City necessary to implement the ELAP projects on behalf of the City. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the bag day of , 2004. e""r A -k EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 411 Page 2 SAOur Documents\Ordinances\04\Interlocal-DCTA-ELAP Funds.doc INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made and entered into by and between THE CITY OF DENTON, TEXAS, a home rule city, a political subdivision of the State of Texas (hereinafter the "CITY") and THE DENTON COUNTY TRANSPORTATION AUTHORITY, (hereinafter the "AUTHORITY"), each organized and existing under the laws of the State of Texas, each acting by and through and under the authority of their respective governing bodies and officials in accordance with the Interlocal Cooperation Act, Chapter 791 of the TEx. GOVERNMENT CODE (the "Act'); and WHEREAS, the CITY and the AUTHORITY are local governmental entities organized under the laws of the State of Texas, both of whom have the authority to perform the services set forth in this Agreement individually, and who mutually desire to enter into an Interlocal Cooperation Agreement in order to maximize the benefits to the citizens of the CITY and the constituents of the AUTHORITY; and WHEREAS, the AUTHORITY at an election held on November 5, 2002 was duly and legally confirmed as a Transportation Authority pursuant to Chapter 460 of the TEXAS TRANSPORTATION CODE (the "Code"); and WHEREAS, the AUTHORITY is created for the purpose of providing public transportation and transportation related services within the territory of the AUTHORITY and in particular to implement a Service Plan in those areas participating in the AUTHORITY where, at an election in the CITY a majority of the votes received were in favor of the authorization of a sales and use tax levy by the AUTHORITY for its benefit; and WHEREAS, the CITY did on September 13, 2003, authorize said sales and use tax levy by and for the benefit of the AUTHORITY at an election called within the municipal limits of the CITY for that purpose; and WHEREAS, the Service Plan, as revised by the Board of Directors of the AUTHORITY, did adopt and provide for an Enhanced Local Assistance Program to assist eligible and participating cities, that approved a transit sales and use tax, to facilitate their public transportation system with financial assistance for projects approved by the AUTHORITY; and WHEREAS, the CITY and the AUTHORITY find that the Enhanced Local Assistance Program, intended to improve mobility within the CITY for projects approved by the AUTHORITY, is in the public interest of the CITY and the AUTHORITY; and INTERLOCAL COOPERATION AGREEMENT-DENTON-' PAGE 1 820711.4A WHEREAS, the CITY and the AUTHORITY agree that any funds transferred in connection with the governmental functions provided for by this Agreement shall be in accordance with the Enhanced Local Assistance Program Guidelines (hereinafter the "Guidelines") adopted and approved by the AUTHORITY and shall be made from sales and use tax revenue available to the AUTHORITY and apportioned by the AUTHORITY consistent with the aforementioned GUIDELINES and are eligible for use by the CITY under the specific terms and conditions specified in the GUIDELINEs adopted by the AUTHORITY; and WHEREAS, the CITY and the AUTHORITY agree that the purpose, terms, rights and duties of the respective contracting parties herein are stated in this Agreement and any transfer of funds made pursuant to this Agreement, will be in strict adherence and conform to the Guidelines and will fairly compensate the performing party for the services or function performed in accordance with the provisions of the Act; and WHEREAS, there is a valid governmental purpose served by this Agreement by providing for an Enhanced Local Assistance Program (attached as Exhibit `A' hereto and made a part hereof for all purposes); and WHEREAS, the CITY and the AUTHORITY agree that any fund transfer made in connection with the governmental functions provided for by this Agreement shall be made solely from current revenues available to the AUTHORITY as specified by the Guidelines; and WHEREAS, the Act authorizes the CITY and the AUTHORITY to enter into this Agreement for the purpose of achieving the governmental functions provided for herein by this collective, cooperative undertaking; and NOW THEREFORE, the CITY and the AUTHORITY, for and in consideration of the promises and the mutual covenants set forth in this Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, do hereby agree as follows: ARTICLE I INCORPORATION OF PREAMBLES All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement for all purposes. ARTICLE 2 PURPOSE OF AGREEMENT. The purpose of this Agreement is to make available apportioned funds received by the AUTHORITY for use by the CITY for projects defined under the Enhanced Local INTERLOCAL COOPERATION AGREEMENT - DENTON -PAGE 2 Doc ID SCOTR-820711.4 8097-0001 Assistance Program Guidelines, approved by the AUTHORITY and eligible for funding pursuant to the Guidelines, within the Term specified therein. ARTICLE 3 TERM OF AGREEMENT This Agreement shall be effective as of the effective date set forth below and shall continue in force during the pendency of the Enhanced Local Assistance Program which will start January 1, 2004 and terminate on December 31, 2007, consistent with the "tern" and "close out" provisions in the GUIDELINES. ARTICLE 4 TERMINATION OF AGREEMENT This Agreement terminates upon the first to occur of the following events: A. By mutual written agreement of the CITY and AUTHORITY; or B. Expiration of the Agreement as provided in Article 3; or C. By either party, if a party defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within sixty (60) days after written notice by the non -defaulting party to the defaulting party; or ARTICLE 5 UNDERTAKING OF THE AUTHORITY The AUTHORITY shall engage in the process of providing public transportation and transportation related services to Denton County that may include transfer of funds to the CITY, consistent with the provisions of the Service Plan adopted by the AUTHORITY to facilitate their public transportation systems with projects eligible under the Guidelines and approved by the AUTHORITY. ARTICLE 6 UNDERTAKING OF THE CITY On the effective date of this Agreement, the CITY agrees to and does hereby accept the terms and conditions of the Enhanced Local Assistance Program and Guidelines in all aspects thereof, and will utilize any funds transferred to the use and benefit of the CITY under the Enhanced Local Assistance Program solely and exclusively for projects eligible under the Guidelines, approved by the AUTHORITY, and consistent with the terms and conditions of use imposed by the AUTHORITY in the GUIDELINES. INTERLOCAL COOPERATION AGREEMENT- DENTON -PAGE 3 Doc ID SCOTR-820711.4 8097-0001 ARTICLE 7 USE OF CITY'S SHARE AND MAINTENANCE OF RECORDS A. AUTHORITY agrees to maintain records that will provide accurate, current, and complete disclosure of the status of the funds provided under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. AUTHORITY's record system shall contain sufficient documentation to provide full support and justification for all fund apportionments or transfers and may be made available to the CITY at all reasonable times. B. CITY agrees to maintain records that will provide accurate, current, and complete disclosure of the status of the funds received under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. CITY's record system shall contain sufficient documentation to provide full support and justification for all funds received and may be made available to the AUTHORITY at all reasonable times. C. AUTHORITY maintains the right to audit CITY's financial records as provided by GUIDELINES Subparagraph F "Project Applications" and the CITY further agrees that all financial records, documents and reporting will be consistent with, and controlled by, the terms set forth in the Guidelines. ARTICLE 8 HOLD HARMLESS Only to the extent allowed by the Constitution and statutes of the State of Texas, and without waiving any immunity or limitation as to liability, each party agrees to and shall indemnify and hold harmless the other party, its officials, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorneys fees, for injury or death of any person, or for damages to any property; real, personal, or intellectual, arising out of or in connection with the subject of this Agreement, where the injury or death or damage is caused by the negligence of the other party, its officials, officers, agents, employees, or attorneys. ARTICLE 9 GOOD FAITH NEGOTIATION AND DISPUTE RESOLUTION Whenever a dispute or disagreement arises under the terms of this Agreement, the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved after good faith negotiations by the parties, then the matter shall be referred to voluntary, non -binding mediation. This provision is mandatory, arises under the provisions of §791.015 of the Act, and shall be a condition precedent to the filing of any litigation by either or both parties hereto. INTERLOCAL COOPERATION AGREEMENT- DENTON -PAGE 4 Doc ID SCOTR-820711.4 8097-0001 ARTICLE 10 ASSIGNABILITY/CONSENT Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. However, whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. ARTICLE 11 NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt requested, postage prepaid; to: CITY: Michael Conduff, City Manager 215 E. McKinney Street Denton, Texas 76201 AUTHORITY: John O. Hedrick, Executive Director Denton County Transportation Authority 1660 South Stemmons, Suite 250 Lewisville, TX 75067 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of receipt. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. INTERLOCAL COOPERATION AGREEMENT— DENTON —PAGE 5 Doc ID SCOTR-820711.4 8097-0001 ARTICLE 13 SAVINGS/SEVERABILITY In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 14 GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE 15 ENTIRE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. ARTICLE 16 WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 17 AUTHORITY OF PARTIES This Agreement is made by and entered into by the duly authorized officials of each respective governmental entity. INTERLOCAL COOPERATION AGREEMENT - DENTON - PAGE 6 Doc ID SCOTR-820711.4 8097-0001 ARTICLE 18 CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 19 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. ATTE T: By: City Se etary 0 City Attorney THE CITY' OQF,DENTON, �TEXAS By: Hon. Euline Brock, Mayor DENTON COUNTY TRANSPORTATION AUTHORITY ME Denton County Transportaylon Authority ATTEST: JASON PIERC SECRET By: APPROVED AS TO LEGAL FORM: RIDER SCOTT, GENERAL COUNSEL fNTERLOCAL COOPERATION AGREEMENT — DENTON — PAGE 7 Doc ID SCOTR-820711.4 8097-0001 EXHIBIT `A' Denton County Transportation Authority Enhanced Local Assistance Program Overview Executive Summary Background The Enhanced Local Assistance Program (ELAP) was adopted as a component of the Denton County Transportation Authority's (DCTA) Service Plan in 2003. The program was included in the Service Plan to reflect the need to facilitate local public transportation systems and provide financial assistance for local transportation related projects consistent with DCTA's enabling legislation. Overview The stated object is to provide financial assistance for local transportation projects that are consistent with DCTA's enabling statue that enhance mobility in DCTA eligible cities in the near term. Funds will be apportioned to eligible cities beginning in January 2004 and ending in December 2007, when the apportionments terminate. The monthly apportionment is derived by determining the amount of a half cent sales and use tax net collection for each eligible. city as published by the Texas Comptroller's Allocation Payment Detail, times twenty five percent (.25), less DCTA Administrative cost . Eligible Cities to receive ELAP funds: Denton Highland Village Lewisville ELAP Closeout Schedule: The monthly apportionment to the eligible cities ELAP fund will terminate with the December 2007 sales tax apportionment. Projects and applications will be received and considered by DCTA for any available apportionment until March 31, 2008. Remaining funds available in the eligible city apportionment account (must meet paragraph `J' criteria) will be transferred to the eligible city on April 30, 2008. The recipient city of this final fund transfer shall report expenditures of the final fund transfer to DCTA monthly with the documentation required by paragraph "G". If any final fund transfer balance exists when the city accepts the project subject to the final fund transfer, then the unexpended balance shall be returned to DCTA on or before January 1, 2009. 798094.10 (rev. 2/27/04) 1 GUIDELINES FOR THE ENHANCED LOCAL ASSISTANCE PROGRAM (ELAP) A. OBJECTIVE: During the implementation of rail transportation, which will require several years, the Denton County Transportation Authority (DCTA) proposes to implement an Enhanced Local Assistance Program (ELAP) to improve local mobility in the short term. This program is dedicated to Eligible Cities to facilitate their public transportation systems and provide financial assistance for projects consistent with DCTA's enabling legislation in the Eligible Cities for a maximum of four (4) years, with specified limits. B. ELIGIBLE CITIES: All municipalities where the canvassed vote of September 13, 2003 approved a one half of one percent (1/2%) sales and use tax for the benefit of DCTA are eligible to participate in the FLAP. Denton, Highland Village, and Lewisville authorized the sales and use tax and are eligible for ELAP participation. To participate, the eligible cities must agree to the terms and conditions of the ELAP. C. PROGRAM FUNDING: Funding for the ELAP is exclusively from.the sales and use tax received by DCTA. A percentage of the netmonthly collections, derived by a formulaappliedto net. collections of each Eligible. City, will be apportioned to the. ELAP fund for the benefit of the eligible city during the program: Net monthly collectionsare identified using the published Texas State. Comptroller's Allocation Payment Detail for each eligible city. Net collections for an eligible city is the total collection each month less the service fee and current retained amount, with credit for the prior retained amount, as defined by the Comptrollers "Components of Allocation Payments." D. APPORTIONMENTS The maximum amount of ELAP funds to be apportioned to an eligible city shall not exceed twenty-five (.25) percent of the one half cent sales and use tax collection for the eligible city in the respective apportionment month, specified in `C' above, less DCTA administrative cost (related to respective ELAP apportionments, but not to include general administrative expense). DCTA will prepare, by September 1 of each year, a projected Annual ELAP apportionrent estimate for eligible city budget purposes consistent with the DCTA Financial Plan in effect at the time. (see, Figure 4) Apportionments will be based on a formula of twenty five percent of an amount equal to one half cent sales and use tax net collections transferred to the eligible city by the Comptroller, regardless of the financial plan estimate, less administrative expense. 798094.10 (rev. 2/27/04) 2 The ELAP program will start January 1, 2004 and terminate on December 31, 2007. ELAP apportionments will terminate after four (4) years from the date of the first sales and use tax revenue receipts collected in an eligible city. F. PROJECT APPLICATIONS Eligible Cities must prepare ELAP project applications for submission to and approval by DCTA. Multiple projects may be contained within a single application. DCTA will have 30 days to review the application to determine project(s) eligibility or request more information. Subsequent to completing the review, if no additional information was requested, the application will be placed on the next regularly scheduled DCTA Board of Directors agenda for consideration. If approved, the ELAP amount requested in the application, or any portion thereof, becomes "programmed." That programmed amount is deducted from the available. apportionment .as an obligation. Apportionments will be deposited into a separate account. Any apportionment not programmed will remain available to the eligible city for future project applications, consistent with ELAP closeout provisions. DCTA will report: quarterly (within 30 days after close of the quarter) on the status of the ELAP fund,.including..amounts apportioned,. amounts programmed, amounts transferred. to. eligible city, and the amount available for, programming by each eligible city. This timeliness of the report will depend on the receipt by DCTA of the required information from the eligible city. Eligible cities shall maintain accurate books and records of all approved projects. Cities will maintain separate records for each ELAP approved project including: project budgets, budget amendments, revised budget balances, expenditures to date, change orders, cost to complete, and DCTA ELAP transfers to date. DCTA maintains the right to audit a city's books to ensure that transferred funds are applied in accordance with the notice of request and approved transfer, and for purposes of DCTA's enabling legislation. Cities also maintain the right to audit DCTA's books to ensure that the fund allocations and transfer are in accordance with these guidelines and other applicable laws. G. DISBURSEMENTS The first ELAP transfer of funds for an approved project will not occur until in the second calendar quarter, after initial sales and use tax revenues are received by DCTA, (see, Figure 1). Funds will be transferred on the last day of the month. Transfers will occur no more frequently than monthly, on a monthly trailing basis, for approved projects with current financial records. In no case, will transfers be made until the project 798094.10 (rev. 2/27/04) 3 eligibility requirements have been met and formal approvals by the DCTA Board has been made. Eligible Cities shall provide monthly to DCTA, a project status report and current financial records, to include: a specific ELAP project account identifier, an approved project budget, ELAP funds programmed for the project, expenditures incurred and percentage completion for each ELAP project. Project status documentation must contain a statement of project expenditures, attested to by an authorized financial staff member. The monthly status report is considered a current financial record. If a fund transfer is requested for ELAP programmed cost or expenses that have been incurred and paid by an eligible city for an ELAP approved project, a "notice of request" documenting the expenditures shall be submitted to DCTA at least 5 business days prior to the regularly. scheduled Board meeting. The notice and expense documentation are considered current financial records. DCTA will promptly process request notices as specified herein. At project completion, in the event that final project accounting or audit reveals that transferred funds were not in fact expended on an ELAP project, those unspent funds shall be returned to DCTA and remain available in the apportionment account for reprogramming to the eligible city, prior to ELAP closeout. . Any unprogrammed funds. apportioned to an eligible city in any calendar year will continue to be available to. that':cityin succeeding years, unless the city withdraws from DCTA, until ELAP closeout..: A11. ELAP fund transfers will be considered subordinate to DCTA's debt service requirements. The DCTA ELAP..program.is to assist eligible cities with funding for approved local. transportation improvements, but DCTA does not assume or incur any liability, obligation or financial responsibility for a contract between an eligible city and a contractor, employee or agent for an approved project or any liability for a result, occurrence, injury or damages resulting from or caused, directly or indirectly, by an approved project. A. PROJECT ELIGIBILITY: Projects eligible for the ELAP funding shall be identified and approved in advance of implementation. Each eligible city council shall submit a project application, with one or more eligible projects, to DCTA for approval. All eligible projects must be consistent with the DCTA mission and enabling legislation. Eligible types of projects are listed below. In general, eligible projects are divided into two categories: 1) transit related street improvements; and, 2) transit supportive projects and programs. 798094.10 (rev. 2/27/04) 4 Typically, approved capital projects may receive transfer funds for planning, environmental impact studies, engineering, final design, right-of-way acquisition, construction, and testing/inspection/surveying. Maintenance and operations may also be funded if approved by the DCTA Board. Any project not listed, but found by DCTA to be consistent with its enabling legislation, may be proposed to DCTA consideration. Eligible projects include: Transit related street improvements (street with current or planned/previous bus routes). 1. Roadway improvements that add capacity Road widening Adding storage to turn lanes Adding turn lanes Adding/deleting access points Adding bus priority lanes HOV lanes 2. Grade separations 3. Matching funds for federal/state transportation programs 4. Intersection improvements . New signals. Computerization of signals Traffic surveillance equipment Telecommunications Cooperative funding of intercity capacity improvements Signal progression Bus only lanes Bus signal preemption Arterial street HOV lanes Roadway and intersection improvements Special design provisions along roadways and intersections with planned bus routes Shelters Sidewalks Bus stops Bus turnouts Bus priority treatments 7. Roadway and intersection safety improvements 798094.10 (rev. 2/27/04) Transit supportive projects and programs 8. Additional service including non -productive service (previously eliminated or not meeting warrants) 9. Transportation services for the elderly and/or disabled Emergency medical Shuttle services 10. ADA compliance items related to the provision of transit service 11. Sidewalks related to providing access to transit facilities or services 12. Bus shelters 13. Bus benches 14. Travel demand management Transportation Management Association operating funds User subsidies for transit service Vanpool programs. Rideshare promotion and incentives Alternate. work schedule subsidies... Employer trip reduction support: Emergencyride home funding..taxi/loaner. car 15. Vans for vanpool-programsor buses for current operating routes consistent, with the DCTA service Plan.... 16. Park and Ride lots 17. Mid -block bus turnouts 18. Incorporating private transit services/facilities into DCTA. 19. Transportation enhancements at existing and planned DCTA transit centers, transfer centers and rail stations. 20. DCTA related railroad crossing and right of way improvements to include street closings or grade separations. I. PROJECT MAINTANCE AND OPERATION Project maintenance is the responsibility of the project owner. If shared maintenance responsibility for a project is desired, the cost sharing arrangements must be approved by the DCTA Board and the eligible city as part of the project approval process. 798094.10 (rev. 2/27104) Operating costs of ELAP projects may be eligible for ELAP funding subject to DCTA Board approval. J. OTHER FINANCIAL CONSIDERATIONS: Since the ELAP program allows for funding of capital transit projects and operational expenses associated with them, eligible cities will be able to apply for and receive FTA funds with prior approval by the DCTA Board. Eligible cities may pool their ELAP apportionments for implementation of approved projects. Advanced (beyond 1 year) programming of funds is allowed subject to Board approval. However, eligible cities may not program, for a current or future year more than the current year's ELAP apportionment and may, not program past the ELAP termination date. All DCTA request for fund transfers for approved ELAP projects will be drawn from the eligible city's apportioned fund balance until it is exhausted. After all ELAP apportioned. funds for an eligible city are disbursed or transferred, no further transfers will occur, until a positive apportioned.fund balance.is reestablished. K PROGRAM CLOSE OUT.. The monthly. apportionment tothe.. eligible. cities ELAP fund. will terminate with the December. 2007.sales_tax.apportionment. Projects and. applications. will, be, received. and considered by DCTA for any available apportionment until March .31, 2008. Remaining ..funds. available in .the.. eligible..city apportionment account. (must . meet. paragraph. `J' criteria) .will be transferred to the eligible city on April 30, 2008. The: recipient city of this final fund transfer shall report expenditures of the final fund transfer to DCTA monthly with the documentation required by paragraph "G". If any final fund transfer balance exists when the city accepts the project subject to the final fund transfer, then the unexpended balance shall be returned to DCTA on or before January 1, 2009. L. WITHDRAWL OF 1VIEMBER CITIES If an eligible City withdraws from DCTA, no ELAP funding will be allocated to that city subsequent to the withdrawal date. In the event of a proposed withdrawal, only individual projects for which construction contracts have been awarded and executed or for which formal funding agreements have been executed will be funded by DCTA. On the date of withdrawal, an eligible city forfeits and relinquishes any right or entitled to receive funds under the ELAP. All apportioned funds revert to DCTA. Once a city calls or selects a date for a withdrawal election, no ELAP projects will be considered for approval until after the election is canvassed. 799094.10 (rev. 2/27/04) 7 M. PROJECT IDENTIFICATION Each construction or improvement project will display at least one sign on each vehicular approach to the construction site indicating that funding support for the project is provided by the DCTA ELAP program. In addition, after completion, if a project has a visible permanent marker, it shall indicate thereon that funding for the project was provided by the DCTA ELAP program. (Figure 1) Denton County Transportation Authority Enhanced Local Assistance Program Projected Payment Distribution Schedule for 2004 The Denton County Transportation Authority (DCTA) has authorized an Sales Tax Collection Month Month Apportioned to Eligible Cities ELAP Fund Transfer Date January February N/A February March N/A March Aril Aril 30 April May May 31 May June June 30 June July July 31 July Au st , August 31 August September September 30 September October October 31 October November November 30 November December December 31 December January January 31 Enhanced Local Assistance Program (FLAP) for eligible cities. Denton, Highland Village, and Lewisville are currently eligible to submit projects to facilitate their public transportation systems and provide financial assistance for projects consistent with DCTA's enabling legislation. The duration of FLAP is limited to a maximum of four (4) years in duration, terminating December 31, 2007. A typical fund transfer schedule is shown below. ELAP funding transfer dates for apportioned amounts to eligible cities are set on a monthly trailing basis. ELAP fund transfers are authorized for incurred project costs that have been approved by the DCTA Board of Directors. Supporting documentation for costs incurred must accompany all notice of request for fund transfer. Distribution dates falling on a Saturday, Sunday, or observed holiday will be processed on the next business workday. 798094.10 (rev. 2/27/04) 8 (Figure 2) Denton County Transportation Authority Enhanced Local Assistance Program Anticipated Project Applications Schedule The chart below depicts a proposed schedule for project application submittals and subsequent review dates. The Enhanced Local Assistance Program (ELAP) policy guidelines allow DCTA to conduct a 30-day review of all applications or request additional information. Subsequent to committee review, the application will be submitted for consideration by the Board of Directors at their next regularly scheduled meeting, if additional information is not required. Projects may be approved and funding programmed at the DCTA's sole discretion during the regular monthly meeting. Once approved, projects are issued a notice to proceed and can submit a notice of request for fund transfer for approved and incurred project costs in compliance with DCTA's payment distribution schedule (see Figure 1). Application Submitted on: (Example Dates) DCTA Committee Review: Possible DCTA Approval at Monthly Meeting January 1, 2004 January 31, 2004 February 26, 2004 . February 1, 2004 March 1, 2004 March 25, 2004 March 1, 2004 March 30, 2004 April 22, 2004 April 1,.2004: Aril 30, 2004 Ma 27, 2004 May 1, 2004 May 30, 2004 June 24, 2004 Juno. 1, 2004 June 30, 2004 July 22, 2004 July 1, 2004 July 30, 2004 August 26, 2004 August 1, 2004 August 30, 2004 September 23, 2004 September 1, 2004 September 30, 2004 October 28, 2004 October 1, 2004 October 30, 2004 November 18, 2004 November 1, 2004 November 30, 2004 December 16, 2004 December 1, 2004 December 30, 2004 January 27, 2005 A notice of request for fund transfer may be submitted at any time by an eligible city for an approved project. It will be considered only if the eligible city has- a positive ELAP apportionment balance. The ELAP program apportionments tenninate after the receipts from the eligible cities for December 2007 are received by DCTA. Applications for any remaining un- programmed apportionment must be received and approved by DCTA no later than March 31.2008. 798094.10 (rev. 2/27/04) 9 (Figure 3) Denton County Transportation Authority Enhanced Local Assistance Program Procedural Flowchart Develop Submit to Project => DCTA Application 13 Member City Net Sales Tax Collections from Texas Comptroller's Office DCTA z ELAP Apportionment to Member City Committee � Review (30 Days) 0 Recommend To DCTA Board of Directors 1111 Project Approved by Board of Directors M Disbursements ( Monthly) with supporting documentation 798094.10 (rev. 2/27/04) 10 (Figure 4) Denton County Transportation Authority Enhanced Local Assistance Program Financial Plan Anticipated Apportionments Month Denton Highland Village Lewisville January04 $113,732 $4,425 $185,531 February $113,732 $4,425 $185,531 March $113,732 $4,425 $185,531 April $113,732 $4,425 $185,531 May $113,732 $4,425 $185,531 June $113,732 $4,425 $185,531 July $113,732 $4,425 $185,531 August $113,732 $4,425 $185,531 September $113,732 $4,425 $185,531 October $113,732 $4,425 $185,531 November 1 $113,732 $4,425 $185,531 December $113,732 $4,425 $185,531 TOTAL $1,364,781 $53,105 $2,226,377 798094.10 (rev.2/27/04)