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Home My WebLink AboutReso 090-98 JPA TVTrans DevFeeRESOLUTION NO. 90 - 98 A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF DUBLIN APPROVING JOINT EXERCISE OF POWERS AGREEMENT PERTAINING TO TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES FOR TRAFFIC MITIGATION WITH MODIFICATIONS WHEREAS, by Resolution No. 55-98 the Council approved the Joint Exercise of Powers Agreement Pertaining to Tri-Valley Transportation Development Fees for Traffic Mitigation between the County of Alameda, the County of Contra Costa, the City of Dublin, the City of Livermore, the City of Pleasanton, the City of San Ramon and the Town of Danville; and WHEREAS, the Council has been presented with changes to the agreement and is in concurrence thereto; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the modifications to the Joint Exercise of Powers Agreement Pertaining to Tri-Valley Transportation Development Fees for'Traffic Mitigation between the County of Alameda, the County of Contra Costa, the City of Dublin, the.City of Livermore, the City of Pleasanton, the City of San Ramon and the Town of Danville with changes shown on Attachment 1, and the Mayor is authorized and directed to sign the modified Joint Exercise of Powers Agreement. PASSED, APPROVED AND ADOPTED this 16th day of June, 1998. AYES: NOES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston None ABSENT: None ABSTAIN: None ATTEST: K2/G/6-16-98/resojpa2. doc g:agenmisc/resojpa2.doc "~ (J Mayor those Parties' Local Match obligations by $753,500 and $429,416, respectively, and will reduce the total Local Match obligation to ACTA from $5,548,300 to $4,365,384. Thus, if the only contributions to the 580/680 interchange project prior to the Fee Effective Date are the foregoing contributions by Dublin and Pleasanton, the total Local Match obligation will be met once ACTA has received $4,365,384. eo Reimbursement for Payments Made After Fee Effective Date. If a Party, after the Fee Effective Date, meets its obligation to ACTA for Local Match Funds for the 580/680 interchange project from any source other than TVTD Fee revenues, the Treasurer, upon written request by the Party and after ACTA has certified that it has received $5,548,300 (less any contributions by Parties subject to reimbursement pursuant to section 7.d), shall reimburse the Party for such contribution, together with five percent annual simple interest calculated from the date of payment to ACTA. Reimbursement shall be from TVTD Fee revenues only and shall be made only after the Treasurer has reimbursed any Parties for the contributions they made prior to the Fee Effective Date, pursuant to Subsection (d) above. Section 8. Transportation Improvement Projects The Tri-Valley Transportation Development Fee shall be used to fund all or a portion of the costs of the following projects: Improvements to the 1-580/I-680 interchange: construct a southbound 1- 680 to eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) b. Improvements to State Route 84 between 1-580 and 1-680 c. Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road d. West Dublin/Pleasanton BART Station e. 1-580 HOV lanes betWeen Santa Rita Road and Greenville Road 1-680 HOV lanes from the State Route 84/1-680 interchange to the top Joint Exercise of Powers Agreement TVTD Fees for Traffic Mitigation * Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Trip Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing, the Parties may provide in their implementing ordinance or resolution that an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the Party, may appeal the determination to the Party's legislative body. If such an appeal is granted by the Party, and the Party adjusts the number of peak-hour trips, the Party shall have such decision ratified by five' members of the TVTC. Absent such ratification, the Party shall pay the difference between the actual fee imposed and the fee set forth in this Section 9 or the Party shall notify the applicant that the full amount of the fee must be paid by the applicant. Section 10. Effective Date of Fee The parties desire that the Tri-Valley Transportation Development Fee shall be effective in each iurisdiction on the same date. Accordingly, each party shall time the adoption of its resolution or ordinance imposing the fee in such a manner that the fee shall be effective as of September 1, 1998 ("the Fee Effective Date"). Section 11. Strategic Expenditure Plan The initial Strategic Expenditure Plan ("SEP") is the 580/680 interchange proiect described in Section 8.a. bo The TVTC shall prepare forward to each Party a ~ Dra~ SEP, within six months of the Fee Effective Date. The SEP;~:..~S"a~fnc~ed., shall include project cost and revenue estimates for the TVTD Fee, a prioritization plan and a timeline for project delivery. It shall also include reasonable requirements for indemnification and insurance, as appropriate for individual projects, and ggg include requirements that Proiect Sponsors or other entities which construct any of the Projects defend and indemnify the Parties. The SEP also include guidelines governing credit and/or reimbursement for entityr.c. 0nsrructed.Proiects and developerTconstructed Projects as authorized by, and consistent with, Section 7.(d)'and .(e) and Section 15 (a) and (b) ,' resPectiveb'. Appropriate capital improvement Joint Exercise of Powers Agreement TVTD Fees for Traffic Mitigation Page 14 of 22 June 1, 1998 Attachrnen! ~ (3 of 4) by the Cities and Counties. Such amendments shall be approved by the governing board or council of each Party. Section 17. Interpretation of Agreement Nothing in this Agreement shall be construed to hold any Party liable to any other Party, or any person not a party hereto, for the design, construction, installation, inspection, operation, maintenance and/or repair of any of the Transportation Improvement Projects because the first Party collected TVTD Fees that were used for the design, construction, installation, inspection, operation, maintenance and/or repair of any Transportation Improvement Project. This Agreement is designed to implement the subvention or disbursement of public funds from one public agency to another and accordingly is not an agreement as defined in Government Code §895. A Party is not liable to another Party for the inadvertent failure or legal inability to collect a TVTD Fee. Section 18. Term of Agreement This Agreement shall remain in effect from the Effective Date in the opening paragraph until the Projects listed in Section 8 have been fully constructed and/or acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until the Transportation Improvement Projects_ are fully constructed and/or acquired. N°twii:hstaiiding:,t.he precedi'iqg.,paragraph, any Party maY~xvi{,hdi~iW fr0n{ the Agreement and tenninateits TVTD Fee by giving written notiCe.,tO~'all Parties :x~4thin 30..calendar. ~l'a)rS ::gfi~h~.unanimous x~,o, te' by the ~C forwardln~! ~he Circulation Draft :of:the fi'fst '/i~ehdment of :tti~ SEp :(see se'~tio'h:' 1' i(b)), pfc~fded::.no 'such w~.ttlcl~a~ral 0r.te~in//ti'bhT':0f Fee':c°lleCti0n Shall be'~°me' effeCtiVe Until:the full am0uht .of the: Pa/tie'i' :LdCal Match?iPaYm~nts fo~ ~e .t'_580/680 !ersj%t: described in SeCti°n' 8(a) haS been made .t° :A~TA and {he reimburse~eni. S'~:fo? ih'e: ]-580/680 Pr0jeCt 'proxdded in SeCtion 7 (d) aiad (e) haxie been made. Section 19. Attorneys' Fees If legal action is necessary to enforce this agreement, the prevailing Party is entitled to reasonable court costs and attorneys' fees against the Party found to have breached the agreement. Joint Exercise of Powers Agreement TVTD Fees for Traffic Mitigation Page 18 of 22 June 1, 1998 Attachment 1 (4 of 4)