2004-127
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First Amendment to ICA - Ordinance No. 2006-090 04/04/06 JR
S:\Our Doeuments\Ordinances\04\lnterlocal-DCTA-ELAP Funds.doc
ORDINANCE NO. d~Td-/,~ 7
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 confmmed 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 Interlocal 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.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2
S:\Our Documents\Ordinances\04\lnterlocal-DCTA-EL~P Funds.doc
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is made and entered into by and between THE CITY OF
DENTON, TEXAS, a home role 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 govemmental 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 f~om 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 fired transfer made
in connection with the governmental functions provided for by this Agreement shall be
made solely from current revenues available to th~ 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 1
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 fund'mg
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
"term" 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 GUmELrNES.
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 liabihties of every kind, including all expenses of litigation, court costs,
and attorney's 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 SCOTRog20711.4
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
Doc ID SCOTR-$20711.4
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 fome and effect.
ARTICLE 17
AUTHORITY OF PARTIES
This Agreement is made by and entered into by the duly authorized officials of
each respective govemmental 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.
THE CITY OF DENTON, TEXAS
Hon. Euline Brock, Mayor
APPRO~~ LEG~ORM:
By: CitX~o~f~f~
~ DENTON COUNTY
ATTEST:
,^soNe Rc Ec
APPROVED AS TO LEGAL FORM:
RIDER SCOTT, GENERAL COUNSEL
TRANSPORTATION
AUTHORITY
By:
Cl~'~rle~'~s Em er ~?,haifm an
Denton County TransportaJlon Authority
/
By:
INTERLOCAL COOPERATION AGREEMENT DENTON - PAGE 7
DoclD SCOTR-820711.4
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EXHIBIT 'A'
Denton County Transportation Authority
Enhanced Local Assistance Program Overview
Executive Summary
Back~ound
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 mount 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 ENItANCED LOCAL ASSISTANCE PROGRAM
OgLAP)
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 ELAP. 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 net:monthly collections, derived by a formula applied to net
collections o£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 Deta/1 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 thc
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
apportionment 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
E. TERM
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 rema'm 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 progranm~ed, 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 fight
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)
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
reprograrnming 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:city,in succeeding years,, unless the city w/thdraws, from .
DCTA, until'ELAP closeout...: All ELAP fired transfers will be considered subordinate to
DCTA,s debt service requirements:
The DCTA ELAP. programis to assist eligible cities with funding for approved:
local' transportation improvements, but. DCTA does not assume or incur any.liability,
obligation or f'mancial responsibility for a contract between an eligible city and a
contractor, employee or agent for an approved project or any liabihty for a result,
occurrence, injury or damages resulting fi:om or caused, directly or indirectly, by an
approved project.
H. 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.
79809a. 10 (rev. 2/27/04)
4
Typically, approved capital projects may receive transfer funds for plann/ng,
environmental impact studies, engineer/rig, 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, maybe proposed to DCTA consideration. Eligible projects include:
Transit related street improvements (street with current or planned/previous bus
routes).
1. Road~vay improvements that add capacity
Road widening
Adding storage to turn lanes
Adding turn lanes
Adding/deleting access pointg
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
Telecormmunicafions
Cooperative funding ofintercity 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
5
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 , .:
Emergency rid~home ,funding, taxi/loaner, car
15'. Vans for vanpool-programs,or buses for current operating routes consistenL
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 plarmed 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 MnkI1NTANCE 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. 2/27/04)
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.
Ali 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.'
PROGRAM CLOSE OUT.
The monthly, apportionment .to .the eligible.cities ELAP fund. will terminate with :.
the December'200? sales...tax, apportionment. Projects and:applications, will,be' received.
and' considered'by DCTA for any available' apportionment' until March 31, 2008.
Remaining .funds, available irt..the, eligible.:.city apportionment account (must. meet
paragraph.'J' criterSa)will he transferred to the eligible city on April 30, 20081 The:
recipient city of this final fund transfer shall report expenditures of the f-mai 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. WlTItDRAWL OF MEMBER 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 elig/ble 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.
798094.10 (rev. 2/27/04)
7
M. PROJECT IDENTIFICATION
Each construction or improvement project will display at least one sign on each
vekicular 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 Tiansportation Authority (DCTA) has authorized an
Sales Tax Collection Month Apportioned to ELAP Fund Transfer
Month Eligible Cities Date
January February N/A
February March N/A
March April April 30
April May May 31
May June June 30
June July July 31
July August: . 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 (ELAP) for elig/ble 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 ELAP 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 ali 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 Pro.am (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 haformation is not required.
Projects may be approved and funding programmed at the DCTA's sole discretion
durLng 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: DCTA Committee Possible DCTA Approval
(Example Dates) Review: 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: April 30, 2004 May 27, 2004
May i, 2004 May 30, 2004 June 24, 2004
June 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 apportiorunent balance.
The ELAP program apportionments terminate after the receipts fi:om 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 3I, 2008.
798094.10 (rev. 2/27/04)
9
(Figure 3)
Denton County Transportation Authority
Enhanced Local Assistance Program
Procedural Flowchart
Develop
Project
Application
Member:
City
Submit to
DCTA
Net Sales Tax
Collections from
Texas Comptroller's
Office
DCTA
I_' ' 'APportionment
to Member
City
Committee
Review
(30 Days)
Recommend
To DCTA
Board of
Directors
Project
Approved by
Board of
Directors
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
January 04 $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 $185,53 I
August $113,732 $4,425 $185,531
September $113,732 . $4,425 $185,531
October $113,732 $4,425 $185,531
November $113,732 $4,425 $185,531
December $113,732 $4,425 $185,531
TOTAL $1,364,781 $53,105 $2,226,377
798094.10
1I
(rev. 2/27/04)