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2006-090ORDINANCE NO. 2006- 090 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE ``FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE DCTA AND THE C[TY OF DENTON FOR THE ELAP PROGRAM DATED JANUARY 1, 2004;" AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER SAID FIRST AMENDMENT; ACCEPTING AND RECOGNIZING THAT CERTAIN LETTER OF UNDERSTANDING DATED MARCH 14, 2006, ISSUED TO THE CITY BY THE EXECUTIVE DIRECTOR OF THE DENTON COUNTY TRANSPORTATION AUTHORITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in early 2004 after the creation of the Denton County Transportation Authority ("DCTA"), City of Denton staff initiated a dialogue with DCTA staff and expressed concerns of equitability regarding the amount of sales tax revenue being generated by the allocation method used by DCTA for its Enhanced Local Assistance Program (``ELAP"); and WHEREAS, the City of Denton staff pointed out to DCTA staff that since state legislation which became effective in October 2001, that the City of Denton had opted to retain the portion of the sales and use tax and retain that portion of the sales tax that the municipality collects and that constitutes the municipality's own tax; in availing itself of this option; in so doing, the City legally avoids atwo-percent administrative charge that the State Comptroller's office applies to sales tax revenues for municipalities; and WHEREAS, the other member cities of DCTA are required to remit all of their sales tax collections to the State Comptroller, therefore the DCTA allocation formula that was initially established did not recognize a portion of sales tax revenues generated in the City of Denton; this resulted in a lower and an inequitable ELAP allocation for the City of Denton; and WHEREAS, the Board of Directors of DCTA, in late 2005 recognized this inequity and passed its Resolution No. 90-06 and amended the guidelines for the ELAP program on the 26`h day of January, 2006, attached hereto as Exhibit "A"; further the Board at that time approved entering into a "First Amendment to Interlocal Cooperation Agreement by and between the DCTA and the City of Denton for the ELAP Program dated January 1, 2004" (``First Amendment"); said First Amendment is attached hereto as Exhibit "B".; and WHEREAS, after legal review of Resolution No. 90-06 of DCTA and of the First Amendment, by the City of Denton's attorneys, it was noticed that several provisions were not expressed that clarify the effective date of the audit and re-allocation; the City therefore obtained a Letter of Understanding from DCTA, dated March 14, 2006, which clarified the provisions of the First Amendment; and which Letter of Understanding is attached hereto after the final page of Exhibit "B." WHEREAS, the City Council of the City of Denton hereby finds that the "First Amendment to Interlocal Cooperation Agreement by and between the DCTA and the City of Denton for the ELAP Program dated January 1, 2004" which is attached hereto, is made a part hereof and is incorporated by reference (hereafter the First Amendment"). This First Amendment serves a municipal purpose and a valid lawful purpose which helps fund public transportation activities of DCTA, and is therefore found to be in the public interest of the citizens of the city; the City Council also finds that the "Letter of Understanding" dated March 14, 2006, and executed by the Executive Director of DCTA, further clarifies the meaning of the First Amendment, is also incorporated by reference in this ordinance, and is accepted by the City of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance, as if fully set forth herein. SECTION 2. The Mayor, or her designee, is hereby authorized to execute and deliver the First Amendment, attached hereto as Exhibit "B" to DCTA; in addition, the Mayor, or her designee, is also hereby authorized to accept and recognize the Letter of Understanding dated Mar h 14, 2006 on behalf of the City; and the Interim City Manager is authorized to carry out the duties and responsibilities of the City under the First Amendment, including the expenditure of funds as provided in the First Amendment and the Letter of Understanding. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of , 2006. ~~~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ~ APPRO D AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: ,~ S:\Our Documents\Ordinanees\06\D A-First Amendment-ELAP-Ordinance-Ldoc Page 2 EXHIBIT A -~~~ /FD ~ 1 0 lODB Denton County 1 Transportation Authority 1560 South Stemmons, Suite 250 D~ ~ Lewisville, Texas 15067 www.dtta.net Ph: (972) 221-4600 Matto: (972) 434-9922 Fax: (972) 221601 Hoard of Directors Chairman February 6, 2006 Charles Emery Vice Chairman Mr. Howard Martin ln° Roy Interim City Manager City of Denton Secretary city Ha11215 Fast McKinney Dorothy Palumho Denton, TX 76201 Treasurer Dear Mr. Martin: Charles Corcen Randy Hunl At the request of a Member City, the Denton County Transportation Authority Boazd of Skip Kalb Dueclors passed Resolution R90-06 on January 26, 2006 to amend the Interlocal Jason Pierce Cooperation Agreement by and between the DCTA and the City of Denton for the Doug Peach Enhanced Loco! Assistance Program. The amendment was adopted to more equitably ]im Robertson Paul Ruggierc allocate program funding to the eligible cities of Denton, Highland Village and fell Snowden Lewisville. Tom Spencer Fernando Vi4larreal Si11 Walker I have enclosed the Resolution and the amendment to the Interlocal Cooperation Agreement. Please forward a signed copy of the ICA amendment when approved by the "' Denton City Council. Executive Director John O. Hedrick Please call the FLAP coordinator, ]arod Varner, Director of Finance an Administration, Tetry Aowerter, or tree if you have questions about the amendment. [f you wish, a DCTA representative can attend the council meeting that will consider the resolution. Since el , ~ Hedrick ve Director C~Op~ DENTON COUNTY TRANSPORTATION AUTHORITY RESOLiJTION N0.90-06 A RESOLUTCON OF THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) APPROVING AMENDMENTS, AS PROVIDED IN EXHIBIT "A", TO THE ENHANCED LOCAL ASSISTANCE PROGRAM GUIDELINES ADOP"I'ED BY BOARD OF DIRECTORS OF THE DCTA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the DCTA adopted guidelines for the Enhanced Local Assistance Program; and WHEREAS, The Board of Directors of the DCTA finds that it is in the best interest of the DCTA w amend the guidelines of the Enhanced Lora! Assistancc Program as provided in Exhibit "A". NOW, THEREFORE, BE TT RESOLVED BY THE BOARD OF DQIECTOR5 OF THE DENTON COUNTY TRANSPORTATION AU7'IIORITY THAT: SECTION I. That the Etilranced Local Assistance Program Guidelines are amended as provided in Exhibit :.A,> SECTION 2. The 13oazd of Directors authorizes the Executive Director to republish the Enhanced Local Assistance Program Guidelines in their entirety with the approved amendments. SECTION 3. The Doard of Directors of the Denton County Transportation Authority hereby finds and daclares that all the recitals contained herein to be true and correct aad approves and adopts the scone herein as part of this Resolution. SECTION 4. If for any reason any section, pazagraph, subdivision, clatue, phrase or provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or any other Resolunon of the Denton County Transportation Autltonty to which these toles and regulation relate. SECTION 5. This Resolution shall become effective ir>ffncdiately upon its passage. DULY PASSED AND APPROVED BY TFIE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY THE Z6ra DAY OF JANUARY, 2006_ AYPROVED: f C/b.~KcEru , ATTEST: ~r~ ~ofoy4,y {&f #.~ ,secretary APPROVED AS TO FORM: ~~ .~ \l Peter G. Smith; General Counsel { Etdubft "A" "GUIDELINES FOR THE ENHANCED LOCAL ASSISTANCE PROGRAM SAP) C. PROGRAM SUNDL\iG Funding for the FLAP is exchisively iiUm the sales snd use tax rece}ved by DCTA. A perceatage of the act monthly wllections, derived by a formtila applied to not collections of each Eligible City, will be apportioned to the ELAP fund for the benefit of dte eligihle city. Net monthly collections are identified using the published Texas State Comptroller's Allocafion PaymeuE Detail for each eligible eiry. Nex collections for an eligible city ate the total collections each month less the service fee and current retained amount, with credit for the prior retained amount, as deSned by ibe Comptrollers "Components of AIIoctttion Paymeais." In addition the City of Denton wi71 increase iu monhly Net Collectioos by adding the City of Denton sales tax on municipal sales to eUSiirmets within the mumicipal ' limiu collected by the Ciry of Denton and not sceoitted to the Comptroller service fce currently set at 2°/a ....~, Exhibit B STATE OF TEXAS § First Amendment to Interlocal Cooperation § Agreement by and Between the DCTA and the § City of Denton for the ELAP Program dated COUNTY OF DENTON § January I, 2004 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 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 RECITALS: 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 WHEREAS, the City and the Authority previously entered into that certain Interlocal Cooperation Agreement dated January 1, 2004 ("the Original Agreement") in regards to the Authority's Enhanced Local Assistance Program ("ELAP"); WHEREAS, the City and the Authority desire to amend Exhibit A to the Original Agreement which provided for the Enhanced Local Assistance Program Guidelines (hereinafter the "Guidelines"); and NOW THEREFORE, for and in consideration of the promises and the mutual covenants set forth iu this Agreement, the Parties hereby agree as follows: l . That Exhibit "A" of the Original Agreement is hereby amended by amending Section C; "Program Funding" to read as follows: "C. PROGRAM FUNDING: Funding for the ELAP is exclusively from the sales and use tax received by DCTA. A percentage of the net monthly collections, derived by a formula applied to 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 collections are identified using the published Texas State Comptroller's Allocation Payment Detail for each eligible city. Net collections for an eligible city are the total collections 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." In addition the City of Denton will increase its monthly Net Collections by adding the City of Denton sales tax on municipal sales to customers within the municipal limits collected by the City of Denton and not remitted to the Comptroller less the Comptroller service fee currently set at 2%." 63035 2. That the Interlocal Cooperation Agreement by and between the DCTA and the City of Denton effective January 1, 2004 shall remain in full force and effect except as amended herein. 3. The amendment to the Original Agreement as set forth herein shall become effective on the last date of execution by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals to be effective as of the date first written above. THE CITY OF DENTON, By: Hon. FyxlSne Brock, Mayor ATTEST: By: City APPROVED AS TO LEG FORM: By: E ynder, City Attorney DENTON COUNTY TRANSPORTATION AUTHORITY By: a cs Emery, Chai an Denton County Tran portation Authority ATTEST: Dorothy alumbo, Secretary Denton County Transportation Authority APPROVED AS TO LEGAL FORM: Peter G. Smith, General Counsel 2 63035 CITY OF DENTON, TEXAS A Texas Municipal Corporation EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: S:\Our Documents\Contrncts\Ob\DCTA-First Amendment-FLAP ProgamSig Pg.d«; DCTA March 14, 2006 Mr. Mark Nelson City of Denton 215 East McKinney Denton, TX 76201 Denton County Transportation Authority 1660 5. Stemmons, Suite 250 Lewisville, TX 75067 972-221-4600 fax 972-221-4601 www.dcta.nM RE: Letter of Understanding by and between DCTA and the City of Denton Modified ELAP AppoKionment Mc Nelson: As you are awaze, the Enhanced Local Assistance Program provided to the participating cities by Denton County Transportation Authority (DCTA) was modified on January 26, 2006, at the request of the City of Denton. For clarification, this letter is being circulated in addition to the amended Interlocal Agreement to incorporate the following: - Modification to the ELAP apportionment process will apply to collections from January 1, 2004 through the end of the program on December 31, 2007. - DCTA will provide all participating cities with revised apportionments according to the prescribed modification and change in methodology. - Effective date of the modification is dependent on all parties' execution of the Amendment outlined in DCTA Resolution 90-06. Please let me know if you need additional information as DCTA stands ready to assist you with this important progam. ~.~_ ~_ daKn O. Hedrick Executive Director Cc: Pau( Ruggiere Terry Howerter Jarod Vamer