STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: August 14, 2024
COUNCIL DISTRICT(S): 14
DEPARTMENT: Department of Transportation
EXECUTIVE: Dev Rastogi
______________________________________________________________________
SUBJECT
Title
Authorize Amendment No. 1 to terminate the Advance Funding Agreement authorized by Resolution No. 12-2355, previously approved on September 26, 2012, with the Texas Department of Transportation and the North Central Texas Council of Governments and execute the Amendment and all terms, conditions, and documents required by the Advanced Funding Agreement to terminate the Advance Funding Agreement (Agreement No. CSJ No. 0918-47-031) - Financing: No cost consideration to the City
Body
BACKGROUND
In 2009, the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) allocated $41 million for their third Sustainable Development Program call for projects. Funding for this RTC’s Sustainable Development Program was provided by the State of Texas from surplus revenue from a SH 121 toll project pursuant to Chapter 228 of the Texas Transportation Code. The Sustainable Development Program is intended to promote development types that reduce the overall demand for transportation infrastructure and improve air quality. The call for projects was issued on March 24, 2009, and allowed for two types of project submissions: transportation infrastructure improvements and planning programs.
The Routh Street Underpass project (“the Project”) was one of nine infrastructure projects selected and approved by the RTC on June 3, 2010, for $1,001,910.00 in Sustainable Development Program Funds.
On August 25, 2010, the City Council approved supporting projects selected within the City of Dallas by the RTC, including the Routh Street Underpass Project by Resolution No. 10-2152.
On September 26, 2012, the City Council authorized an agreement with NCTCOG and the Texas Department of Transportation (TxDOT) to obtain funding to reimburse a private developer, Routh Street Underpass, LLC, for the costs of design and construction of the Routh Street Underpass Sustainable Development Infrastructure Project, in an amount not to exceed $1,001,910.00, by Resolution No. 12-2355.
On September 26, 2012, authorized a Development Agreement with Routh Street Underpass, LLC, for reimbursement of the costs of design and construction of the Routh Street Underpass Sustainable Development Infrastructure Project by Resolution No. 12-2356.
On January 9, 2015, the Office of Economic Development submitted a letter to NCTCOG identifying unforeseen challenges that delayed the initiation of the approved project and requested alternative vertical development that may have met the requirements of the grant to allow the project to move forward. Due to the lack of progress and funding deadlines as prescribed by the Funding Agreement, it was necessary to cancel the project altogether. This is evidenced in the letter submitted to the City of Dallas on March 9, 2016, and signed in confirmation by the City of Dallas on June 30, 2017.
In consultation with the Office of Economic Development, they concur that this action is a “housekeeping” item and will authorize Amendment No. 1 to the Funding Agreement with the Texas Department of Transportation and the North Central Texas Council of Governments to terminate the executed agreement to obtain Regional Toll Revenue (SH 121 Subaccount Funds) funding to reimburse a private developer, Routh Street Underpass, LLC, for the costs of design and construction of the Routh Street Underpass Sustainable Development Infrastructure Project in an amount not to exceed $1,001,910.00 (Agreement No. CSJ No. 0918-47-031).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Transportation and Environment Committee was briefed on the Regional Transportation Council Sustainable Development Program call for projects for 2009-2010 on April 13, 2009.
The Transportation and Environment Committee was briefed on and endorsed the recommended project list on September 15, 2009.
Information about this item was provided to the Transportation and Environment Committee on August 10, 2010.
On August 25, 2010, the City Council authorized support for projects selected within the City of Dallas for the Regional Transportation Council Sustainable Development Program and authorizing the City Manager to negotiate agreements with NCTCOG and private sector partners, where applicable by Resolution No. 10-2152.
Information about this item was provided to the Economic Development Committee on September 17, 2012.
On September 26, 2012, the City Council authorized an agreement with NCTCOG and the TxDOT to obtain funding to reimburse a private developer, Routh Street Underpass, LLC, for the costs of design and construction of the Routh Street Underpass Sustainable Development Infrastructure Project in an amount not to exceed $1,001,910.00 by Resolution No. 12-2355.
On September 26, 2012, the City Council authorized a Development Agreement with Routh Street Underpass, LLC, for reimbursement of the costs of design and construction of the Routh Street Underpass Sustainable Development Infrastructure Project by Resolution No. 12-2356.
FISCAL INFORMATION
No cost consideration to the City.
MAP
Attached