The URL can be used to link to this page

Home My WebLink AboutResolution 2009-004RESOLUTION NO. 2009-004 RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCIL LEGISLATIVE POSITION TO THE 81ST TEXAS LEGISLATURE REGARDING THE RAIL NORTH TEXAS INITIATIVE WHEREAS, the Regional Transportation Council on December 11, 2008 adopted Resolution R08-11 supporting legislation to create a Transportation Funding Area (TFA) to generate revenue to fund rail and supplemental roadway improvements without the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region; and, WHEREAS, the Regional Transportation Council has requested that local governments endorse this resolution and to support transportation as the region's highest priority for the 81St Texas Legislature; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City of North Richland Hills hereby endorses the Regional Transportation Resolution attached hereto and made a part hereof by reference and declares its support for the legislative proposals set forth therein. SECTION 2. The City of North Richland Hills hereby declares its support for transportation as the highest legislative priority for the 81St Texas Legislature. SECTION 3. The City Secretary is hereby directed to transmit a copy of this resolution and the attached RTC resolution to the Tarrant County Legislative delegation and NCTCOG. PASSED AND APPROVED this the 12th day of Jan , 2009. `~~~,~«uu~an~iq~ C ITY O N TH ILLS •.. ~jr~ -"' ~~y Oscar Trevi o, Mayor ~~ ~ EST: ~• _ ~ P ~C}~.l~.~lts@~: Secretary ... * S AP AS FORM AND LEGALITY: George A. Sta les, City Attorney Attachment to Resolution No. 2009-004 Page 1 of 16 RESULUTIGN APPR+DVlIVG A LEGISLATIVE PGSITI~N ~N RAt~. NC~RT~# TEXAS: A IsRIMARY RAIL. LEGISLATIVE PRGGRAM WITH SUPPLEMENTAL RGADWAY 1111PRGVLMENTS Updated R~8-~ 1 } WI~EREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization for the E]allas-Fort 1Narth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local effected off vials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regionai forum for cooperative decisions; and, WHEREAS, the Regional Transponat~on Council has advocated for additional transportation funding and flexibility far over 1 g years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, VYHEREAS, the Rail North Texas effort has been abottom-up larocess to include local effected officials, .business leaders, the public, and State legislators and has resulted in a specific legislative proposal. N~VVt THEREFORE, BE IT HEREBY RES~LVEC3 Tf-tAT: Section 1. '1"he Regional Transportation Council supports seeking legislative authority to create a Transportation Funding Area {TFA~ for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. Section ~. The Regional Transportation Council continues to support the principles contained in the three transpartatian authorities' "Joint Recommendation for Regional Rail in North Central Texas." This rail initiative will be constructed by exis#ing transportation providers. Section 3. The Regional Transportation Council does not support the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region. Attachment to Resolution No. 2009-004 Page 2 of 16 Section 4. The Regional Transports#ion Council supports impierr~entation of Rail North Texas in the Dalias•Fort Wdrth region consistent v~ith: • The "Policy Summary" in Attachment ~t, • The "Questions and. Answers About Rail North Texas" in Attachment 2, • What the Raii North Texas initiative is not as contained in Attachment 3, • The "Project Selection, Funding, and Irnpiementatian Process" in Attachment 4, and • The specific proposal autfined in Attachment 5. Section ~. The Regional Transpartation Council wishes to irnpiement a TFA for the sole purpose of implementing rail and supplemental roadway improvements. Section ~. This resolution will be transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region's highest legislative priority for the 81~' "texas t.egislature and a request to endorse this resolution. In addi#ion, each entity is requested to transmit its position of support on these primary fegislative proposals to the legislative delegation and NCTCQG. Section 7. This resolution wilt be transmitted to the Texas legislative delegation. Sec#ion 8. The f1tCTCOG Transportation Director is authorized to communicate these positions an behatf of the Regional Transportation Council. Section 9. This resolution shall be in effect immediately upon its adoption. d Koop, Ch Regional Transportation Council Cauncflmember, City of Dalian I hereby certify that this resolution was adapted by the Regional Transportation Council of the North Central Texas Council of Governments far the Dallas-Fort Vvorth Metropolitan Area on December ~ '1, 2ogt3, ~w ti Ran Natirtsky, Secretary Regional Transportation Council Counciimember, City of Dallas Attachment to Resolution No. 2009-004 Page3of16 ~ '--. Q ~ ~ i~ ~ - ~ ~ . _.., ~ ~ ~ ~ ~ ~ -F-+ ~ ~ ~ C~ ~ ~ -~+ ~ .. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ LL ~ ~ ~ ~, ~ .. ~, ~ ~ ~--~ ~ ~. „~ ~ ~ ~ Q ~ ~ ~r ~ ^ r ~~ ~~~ •~ ~ ~ ~ ~ ~ `_ _ _ a r • i ~ ~~ ~3 ~~ V / s~ L c~ ~,.~ T . ~ C~ ^ s 0 z t3 ~3 ,~ s~.., ~. r. ..~ ~+- ~3 a ~~ ^ ~ a U Atiac~ment ~ C.~ ~ ~ . ~.... ~ ~ ~-+ ~ ~ ~ ~ ~ ~ ~- ~ ~ ^ s ~~ ~~ .~ ~ . ~. ~~ a a a--+ CU U ~, t~ Cl~ CJ) • ww ~ / Attachment to Resolution No. 2009-004 Attachment 2 Page 4 of 16 Questions and Answers About Rail North Texas If the initiative 'rs called Rail North Texas, why is there not a greater focus on rail in the bill outline? The biH outline was developed to be used statewide and other regions may want to focus on roadway improvements. The RTC may wish to amend the bill outline to bracket a section specific to the Dallas-Fort vllorth region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the focus. Who is accountable under this rnadei? This is the strength of this approach. Three groups, working as partners, are all accountable. First, under this model, the Metropolitan Planning Organization policy body - the Regional T'renspartation Council in the aallas~Far# Worth regior3 - is responsible for making sure that projects stay on schedule. In DFVII, the North Central Texas Council of Governments' Executive Board will hold the revenues, enter into interlocal agreements with implementing agencies, and disburse funds to local governments and transportation providers.. As recommended by the three transportation authorities, the RTC will form a Transportation Implementers Subcor~rnittee consisting of the three transportation authorities, TxDOT, and NTTA. This subcarnrnittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement wilt select the projects. Third, transportation authorities will extend already proven services tv construc# the p~'ojects. What if 1 have a problem with the taxes and fees and don't have a representative on the RTC or Executive Board'? Is there a way to address those bodies? lVo projects can be built, or taxes andlar fees imposed, that voters have not approved. Internet-based reports will keep citizens up to date. The Transportation Funding Area ~TFA} will convene a meeting separate from the normal N1P~J policy beard meeting to hear from citizens or local government on arty concerns. The Regional Transportation Council has been planning and expediting projects far aver 3t3 years. Attachment to Resolution No. 2009-004 Page 5 of 16 i~low wilt projects be selected by the TFA? The TFA tthe Regional Transportation Council in the Dallas,[=ort worth region} will. issue a call far projects to transportation authorities, cities, counties, Tx~~T, and NTTA. • Existing transportation authorities will be primarily responsible to -submit rail protects. • All entities wit[ submit protect applications back to the TFA. • 7FA staf# will evaluate projects based on whether they met basic criteria. • Subarea roundtables will be convened in each county and will be made up of elected officials and technical staff for the county, each city, and transportation pfoviders within that county. TFA staff will also participate. • The subarea roundtables will determine the priority ranking of projects within each county and make a recommendation to the TFA. • Passenger rail uri[I be given priority. Warranted rail lines have already been established by subarea roundtable members. Rail lines which cross multiple counties will need special priority attention if supported in neighboring counties. • The TFA will vote on the subarea roundtable recommendations. This process is idert#ical to recent projects selection efforts of the Regional Transportation Council. liow will taxes arrd fees be selected by the TFA? • When subarea roundtables are determining the projects they wish to fund, they will consider the revenue needed plus contingency cc~nstrucfion funding for each project. • Based on the revenue needed, the subarea raundtables will select an appropriate mix of taxes and fees at agreed-upon rates for that county and make a recommendation to the TFA. • The TFA may propose aTFA-wide tax or fee for discussion during the subarea raurtidtable process. • Subarea roundtables will approve the taxes ar,d fees. • The TFA will vote on the subarea roundtable recommendation. How witl the~electian be held? The TFA will prepare a ballot far each county within the TFA and submit it to the elections administration of each county to be placed on the ballot. Voters will be asked to approve bath the proposed projects and proposed taxes andlor fees. lr7 each county where the rrtajarity of voters approve the taxes andlar fees for the TFA, the taxes andlor fees will be imposed and projects constructed. Projects are fixed with the citizen elections and no changes can be made without voter approva[_ 2 Attachment to Resolution No. 2009-004 Page 6 of 16 Can a county opt out of Rail North Texas? Yes, if the subarea roundtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was .proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Toll Revenue Funding Initiative or subsequent funding initiatives. What if a county votes no? Through the Rail North Texas initiative, local elec#ed officials looked at city-by-city, county-by-county, ar regional votes. The county geography was selected as the most appropriate, but it could result in one ar more counties voting not to join the TFA. vVhere this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTC~G Executive Board, the TFA, and the NIPC policy board. An Internet-based reporting system will be accessible to 211 cities, counties, and citizens of the region. vUill the taxes and fees ever ~o away7 Yes, for revenues raised far construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes andtor fees for capital building} expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA within that subarea to build other projects could extend taxes and fees if a majority of voters approve.. Who will issue bonds? The entity carrying out construction will issue bonds for each project. Tfnat will be either a transportation authority, city, county, TxD~T, or NTTA. Authority to issue debt is included in the bill outline because other areas of the state may wish far the TFA to undertake this task, but Dallas-Fort vVorth will be exempt from that authority. Who will build the projects? In the Dallas-Fart Worth region, the TFA will not build projects. Projects will be built by Dallas Area Rapid Transit, Der~tan County Transportation Authority, T#~e T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. 3 Attachment to Resolution No. 2009-004 Page 7 of 16 If the TFA isn't building projects, why should we create a TFA? Many of the passenger rail projects th2~t are needed in the C3allas-Fort 1lvorth region cross county boundaries. There is a need to coordinate the planning, financing, and implementation across the entire region, so a regional entity is best equipped to do that. In addition, in the I~FVV region, there is an established process to hold and disburse funds within the RTCINC~'COG process so each county won't have to develop a new accounting and agreement system #a implement multiple projects with different entities. How long will it take to see rail being constructed That depends on several factors such as current freight rail use of the rail lines, environrr~ental reviews, transportation authority staff availability, number of projected riders, and many other items. Generally, the rail lines in the plan could be open to riders starting in ~0~ 1 through 2030. The timeline will be known to voters and included in the subarea elections. Aren't the taxes and fees regressive, meaning harder to be pair! by lower income citi~ens~ In some cases, yes, but each subarea will be able to select the best taxes or fees for its residents. The rail lines proposed will benefit lower income populations by providing a transportation option at a much more affordable rate than owning a vehicle. The region will push far the vehicle registration fee to be implemented based on the value of the vehicle. Transit carries such a small percent of ovefall commuters, why even bother'? While that nlay be true if you look at the whose region, our current transit system does not serve the entire region. Looking at highway corridors where there is parallel transit service, abou# one lane of traf#'~c in each direction is removed by transit service. This benefits the people using transit and the people using the roartway that see reduced congestion. Looking at the veil map, new rail lines are proposed next to extremely congested corridors such as I-351/1) in fort Worth, !JS ?5 in Collin County, US 287 in Tarrant and Johnson counties, and Sly 12~ in Tarrant County. Rail in the ~.5. 75 corridor carries the equivalent of two #reeway canes in each direction. Will TxpQT jus# take away traditional funding if our region starts funding transportation from local svurces7 We will make sure that doesn't happen and there is precedent for protecting state and federal funds. When our region began building toll roads, we obtained assurances from the Texas Transportation Commission, the TxDC~T policy body, far state and federal funds to never be reduced to [~allas-Fort Worth. Similarly, the Legislature has required continued federal and s#ate funds even after private-sector concession payments on tall roads. The bill outline contains a similar provision for Rail North Texas that advocates will seek during the upcoming legislative session. 4 Attachment to Resolution No. 2009-004 Page 8 of 16 1Nhy not just try to get more federal and state funds? That is part of the comprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far mere flexible and have less bureaucratic red tape so projects can be built for Tess money and much more quickly. Sa, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. Local iur}ds are not impacted by donor/donee losses and revenue diversions. Transit won't work in the Dallas-Fart Vllorth region because It's too spread out, why are we trying to do this? The success of light rail through Callas Area Rapid Transit as well as the success of the Trinity Railway Express proves that rail transit will work here. C~AR"1', DCTA, and The T have scan skyrocketing increases in passengers this year as gasoline prices soared. Even as gas prices start coming down, the transportation authorities are keeping most of #hase new passengers. Other areas of the country with density similar to or even less than DalMas-Fort Worth also have successful transit systems San Francisco, Minneapolis, St. ~.ouis, etc.} Shouldn't we be able to elect yr vote out of office people raising our taxes? Most of the mert~bers of the Regional Transportation Council are elected officials and each city is represented by a member of the RTC. Alternatively, the boards of directors of the current transportation authorities ~ with authority to impose a sales tax -are not elected positions, in fact the members are not elected officials at ail. every person regis#ered to vote will have the opportunity to vote for ar against the taxes #or the TI"A. These taxes will be for specific projects that can not be changed after the election. Elected officials {through the subarea roundtables} and citizens tthrough the election will control the taxes and fees for selected projects. is this adding another level of government? IVo. It will be adding a new tax ar fee, but there will not be a new entity created with a new board and new staff. The existing regional Transportation Council and hlCTCUG executive Board will oversee the TFA finances. These are unpaid positions. NCTCOC staff will administer all of the funds and contracts. vVhile some additional staff may be needed, the administrative expenses will be minimal. 1Nhether adrr~inistered through a 1`FA housed at the tVCTCQC or through the existing transportation authorities, additional taxes andlor fees are needed to implement the regional rail system. 5 Attachment to Resolution No. 2009-004 Page 9 of 16 Hr~w will voters know what they're getting for the money? Before going to eaters in an election, subarea roundtables will select projects with specific timelines and related taxes andlor fees. Representatives of the counties, cities, TFA, and other advocates will present the plans to the public in public meetings, brochures, websites, and other means before the election is held. This will be similar to bond issuance va#es that occur periodically in cities and counties throughout the region. With eater approvai, the projects are fixed in each subarea. Would tax doilars be better spent an highways since transit doesnlt pay for itself? Almost na transit system in the worid pays for itself out of passenger fares. Some arrEOUnt of government assistance through taxes or fees is required. The Dallas-Fort Worth region has an extensive plan to build both rail and highway improvements. In order to serve an expected population ai 9 million by 2a3o, we will need all modes of transportation to move people and goods within and through our region. Passenger rail systems are very reliable and run on schedule. Roadways often are unreliable due to incidents, accidents, weather, and construction. 111li11 the TFA start tailing the transportation authorities what to do? The transportation planning process is extremely collaborative. Iw'rojects will be built that have been in the metropolitan transportation plan far decades. The transportation. authorities will be assisting in the refinement of the rail plans for each subarea. Transportation authority board members si# an the RTC and are vital to the planning process and are the implementers of transit projects. The TFA wil! not be involved with decisions the transparta#ion authorities rnaks on projects funded through current sales tax revenue. This is merely a way to generate and disburse additional rnortey for projects that can't be built with exiting revenues. Sales tax has been tf~e way #ransit is funded up to this point why is sales tax no longer a funding op#ion? oaring the last two legislative sessions the region has tried to get additional sales tax authority for transit, but it has been rejected. We have worked closely with the business community -the strongest opponents to raising the sales tax - to find new revenue options. Business is supportive of transit as a way to move employees and customers reliably, The t_egisiature has also asked repeatedly for the region to look at other options. The RTC is trying to balance the needs of al! interested parties. The State may need sales tax to fund additional needs for Texas in the future. 6 Attachment to Resolution No. 2009-004 Page 10 of 16 Why are we not using the tri-party agreement from 206? Uver 1 g0 local governments and chambers of carnmerce signed onto the tri-party agreement, which. called for the three existing transit authorities to work together tv implernent regional rail and called far an additional sales tax of up to ~ percent to be imposed outside of the QART and DCTA service areas. The support for that effort was overwhelrr~ing, but the Rail North Texas process is fundamentally different. Local governments and organizations should have an oppor#unity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even #hough sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. UUiil DART cities be dout~le taxed? Any new taxes andlor fees will be imposed fof an entire county, so if Dallas County or Collin County vote to approve new taxes or fees, DART cities will pay these new taxes andlor fees as well as the current ~ percent QART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail lines by decades ar it could be to improve bridges or streets. All new revenues in the DART service area will remain far that service area. to construct additional transportation. This special account is the result of not being able to add sales tax to non--QART cities. Could the TFA reallocate rnvney away front transit projects when there is a shortfall of highway doEiars? No. sy taking a set of specific projects with specific funding sources to the voters, the TFA will be making a commitment to fund those projects. An internee-based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. V1-ill creating a TFA slow down the process of t~urlding the rail lines? No. The fact is that none of the rail lines on the map can be built until our region identifies funding. There are very few cities along the Fail lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA #a raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. 7 Attachment to Resolution No. 2009-004 Page 11 of 16 Why are roadway improvements part of somethtrsg called Rail ~larth Texas? The primary fiocus ofi Rail North Texas is funding a passenger rail system. Because a previqus effort to allow higher sales taxes on a city-by-city basis failed, the Regional Transportation Council began looking a# other taxes and fees, all of which need to be implemented an at least acounty-by-county basis to be successful and not unduly influence buying or living decisions. This means that taxes or fees could tae imposed over DART residents. No# wanting to double tax anyone for the same service, local elected offECials determined #hat funds generated in the aART service area could be used to build supplemental roadway projects, In addition, because a fee may be used in '!2 counties, revenues for areas that do not yet have warranted rail projects could go to roadway projects. Why not just let the revenues go straight to tl~e t~ransportafian authorities? There must be supreme confidence that the money genera#ed will be used for the purposes stated at the tittle of the vote. The RTC and its staff have already developed this type of accounting system for the State Highway 12~ toll road payment. in addition, because rail projec#s will crass county, and sometimes #ransportation authority, boundaries, it makes sense for a regional entity to administer the funds. Finally, because roadway projects will most likely be involved, a regional planning agency will already have established processes for transferring funds to either TxDC?T, cities, counties, or NTTA to implement projects. 8 AtEachment 3 Attachment to Resolution No. 2009-004 Page 12 of 16 The Rail iVorth Texas Initia#i~re is: Not creating a new level of government or a fourth transit authority. Not collecting money in one county and spending it in another county. Not creating a "one size fits all" transportation solution. Not creating an additional organization to plan, finance, or construct projects. Not deciding for citizens on what they wish to do. Not doable taxing the C3ART service area since revenue collected within one area will go to regional rail,. accelerating current rail projects or to build other transportation projects. Not. having construction fees or taxes stay on forever. Fees and taxes would only last the duration of the bond ~repaymen# period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on TxD~T or others to fund our needs. Not delaying projects which would result in higher and higher costs. Not following the current State and federal approach of raising revenues with no assurances that specific projects would advance. Attachment to Resolution No. 2009-004 Page 13 of 16 v~ z cn OW ~U VO W ~ ~a wZ ~O U~ W ~ ~ Z OW ~~ aW as w~ ~o xz ~a o c~ zz J D Q Z OC ~ •~ . ~ •. .: ~ , ~~ . :~ ~.~ l~:.,..~ • ~~•~ • .~. • ~ • ~~. . •~ ..sue .,~,, • ~' ~•.~ ' . ~• •~ ~ ~ ~ .': ~. ~' .~ •: ~~ l'~:~ • '~-..`~ •~.=. ~' •ip'. ~~ ~,Y,sv` ` ~ ~ ,', ~. .A ~-.. •. ~k.~K'. ~~ `> .. ~' ~•~= •~• •.~ = ., . ~ ~ , ...~ Z~. fit,: 3rr~•~i ~~.~ ' ~~ :. ~~:~: .. `; ~,. v . . ~ ••.'•~ r ,~ ~~ ....~ .~ ~ . ~,, ~ . .. ~• ..~ ~ ~. .~~ ~t~ration at projects b~lsed an revenu+~ reeds. - - _ - - • ''~V.•`•r ' ' . ~iR • *~: ~. • 1 a: `•~•`~ a • ~ ~ • .sue` • ~~ ~• • .. ~~ • :fJ~ ~ Q` • is se:`~ F! • . ~ ~ ~. • '• `/~~ ~•.~ ~ ~ .' . Y ~ ~~ • ~• . ~ '~ . ~ •~ ~ •~• ~~•~~ v~ ~ .: ~~ ~. ~~ • , rr ~ ~~ . :~ • ~ ~ ~ ~ `. • r ~• :, ^ ~~~ w .,~, •~ • ~ ~ ,• .. ~-. t ~. r ~ Q :, ik . • . •.: °>•':~ L~~ ~, .~~~.:,• .. .. i•~ ~. f,.: •: .: ~ , ;. 9 Y ~ ~Ct ~l,iY~• ~~~!!!!::: ~ ~ ~ ~r • •~ ~.5... ~•i ~ • ;" . •w J~•'.• .~• . ~ ; ~~• • ~• ie: X . ~• F ^+ ~.. ~.~~ a~ .~ . o• . • .~ •• : . ~ • ~ . Attachment 4 ,. ~'~ •~ W~, ~:,~. • ~;'~ : ~. ~. • "x3 •. •. • ~: : «~~ ; ~. .i .•~ •, ~ •~ '. 1 . ~+ ~• K~zk~ •• ~. ~ ti ', y st :.~ ~K• ~~ <Ix •~ ~ ~ • • ~ ~~~. ~,, .~•, ~~: t1~ • ~~ .~..~::~ is _ ~~ ~ ~'~, •i ~, M,~M, •: ~iI ~• . ~ Yt 1!'e • ~~ .•~ •~~ ~ ~ z~3i'i" . • ?~: i'•` `t ~~~•'R •~ ~~ ~~•t FJ+~~~. ~•e~ ~,~ ~,f ,-^ . ~~'..~:~ c~`.~ ~~ ~ ~•: •~:.~ w ~. ~i Attachment to Resolution No. 2009-004 Page 14 of 16 District-wide Local Voter Option DRAFT Outline - Decerriber 11, 2008 Version Attachment 5 The bill shall au#harize the eight Transportatiori (~/lanager~nent Areas within Texas to form a Transportation Funding Area TFA}. The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility reeds. The metropoli#an planning organization ~N1PO} policy making body may establish a TFA by a two thirds vote of its members following a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the metropolitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the metropolitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire cQUnty. The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not #o serve as the TFA board of directors, in which case it may establish an al#efnative board of directors. At least two thirds of the mer~nbership of any alternative board of directors shall consist of local effected officials of cities and counties within the TFA. The bill shat! authorize a TFA to: • Levy fees and taxes subject to voter approval • Issue debt • Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freight rail + Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute: • A vehicle registration fee, not to exceed $~ 50 per vehicle per year • A motor fuels excise tax, not to exceed $0. ~! ~ per gallon + A mileage fee, not to exceed $0.01 per vehicle mile driven • A property tax, not to exceed $D.0~ per $'I Q{? appraised value + A driver's license fee, not to exceed $b~ • New resident impact (vehicle registration), not to exceed $25D Attachment to Resolution No. 2009-004 Page 15 of 16 For purposes of this bill, "subarea" will mean the geographical area of a county being represented by city and coon#y elected officials and the public located within that coon#y geographical area. The TFA shall use the established process and criteria of the MPCJ in identifying mobility needs ar~d selecting projects to fund, using the following protocol: • The MPS issues a call for projects • Cities, counties, and transportation authorities within the TFA submit projects * The MPC? evaluates and ranks projects. an a subarea basis. Subarea roundtables of elected officials and technical staff provide input on projec# rankings and the taxes and fees needed to meet the highest ranked project needs __-- _ _ • The MPS develops a ballot specific to each subarea within the MPS listing the highest ranked projects and recornrnended fees and taxes to generate revenue to fund the projects, correlating projects on the sample ballot to estimated revenues generated by fees and taxes levied vn a subarea basis so that the fee and tax revenue generated in a particular county funds projects in that county • On a date authorized by the legislature, the TFA- shall submit all ballots for voter approval. Ballot language adopted by the MPC~ policy board shall list: • the value of the bands to be issued. • each tax or fee to be levied, • the rate of each tax or fee to be levied, the month and year in which the #ax or fee levy shall begin, • the transportation operations, maintenance and capital projects to be funded, • the sources of revenue that will cease when capital projects are corr~pleted, and • the estimated time frame for the implementation of each project. The vote results shalt be tabulated on a county basis. Fees and taxes will be levied only in a county in which a majority vote is cast in f=avor of the projects, fees- and taxes listed on the ballot. `I~he bill shell indemnify metropolitan areas: [vletropolitan planning areas shall not be penalized in terms of losing. traditional transportation funding by virtue of their establishing a TFA and their voters agreeing to pay additional transportation taxes or fees. TxDE~T shall not reduce ar~y allocation of traditional #rartsportation funding to any of its districts by virtue of a district being in a metropolitan planning area that establishes a TFA and levies additional transpor#atian taxes or fees. 2 Attachment to Resolution No. 2009-004 Page 16 of 16 Implementation of this legislation wit#~in the Pallas-Fort Worth region will be as follows' The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway icrtprovements will be considered an a supplemental basis and to create ectuity for municipali#ies that are members of a transportation authority. The Tl`A will convene as the Regional Transportation Council and will initiate special meetings at least .once a quarter to hear public comments on projects, taxes, or fees. These meetings shall be properly advertised. A subcommittee of tine Itil1P~ policy making body will be created ft~r the transportation authorities and transportation providers to rr~onitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Counci! ResQlutiori lJpdated R~8-'l1 and Attachments 'i-~. 'This process is modeled after tt~e Regional Tall Revenue Funding Initiative. 3