SUBJECT:
title
Approval of a Resolution Affirming Capital Metro’s Commitments and Requirements Related to the Project Connect High-Capacity Transit Expansion Program.
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RESOLUTION
OF THE
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS
AI-2022-419
WHEREAS, in Capital Metro Board Resolution AI-2020-1399 and City of Austin Council Resolution No. 20201218-002, the Capital Metro (“CapMetro”) Board of Directors (“Board”) and its partners, the Austin City Council, recognized the benefits of a high capacity transit system and determined that implementation of the Project Connect System Plan will create an integrated transit system that eases traffic, creates jobs, improves the environment, acquires land for transit-oriented development, and better connects people in our community, and the partners approved several documents to guide the implementation of the System Plan;
WHEREAS, the Austin City Council approved the Contract With the Voters (City Council Resolution No. 20200812-015) which accompanied the election ordinance (Austin Ordinance No. 20200812-009) in support of Project Connect and the Board adopted a corresponding Funding and Commitment Resolution for Project Connect (CapMetro Board Resolution No. AI-2020-1297) which includes the obligation that CapMetro serve as the FTA Project Sponsor and conduct an environmental justice analysis as required under National Environmental Policy Act (“NEPA”) for each eligible project and provide any recommendations to Austin Transit Partnership for financing tools and strategies based on the NEPA review;
WHEREAS, upon passage of a successful referendum to provide funding for the Project Connect program of projects, the Board and Austin City Council approved the creation of the Austin Transit Partnership Local Government Corporation (“ATP”) by resolutions adopted on December 18, 2020 (City Council Resolution No. 20201218-002 and CapMetro Board Resolution AI-2020-1399) as the principal entity responsible for financing, designing, building, implementing and contracting with Capital Metro to operate and maintain assets funded by the Joint LGC;
WHEREAS, upon the creation of ATP, the Board directed the CapMetro President & CEO to serve as the interim Executive Director of ATP in accordance with the ATP Articles of Incorporation. The President & CEO has performed such duties since that time and has exceeded the expectations of the Board by continuing to move the Project Connect transit expansion program forward and pursuing all required actions to ensure federal funding can be secured for the program. The Board appreciates the President & CEO fulfilling these additional responsibilities and thanks him for his service;
WHEREAS, the CapMetro Board of Directors, the City Council, and the Austin Transit Partnership Board of Directors approved a Joint Powers Agreement in November 2021 (CapMetro Board Resolution AI-2021-233; Austin City Council Resolution No. 20211104-063; ATP Board Resolution ATP-2021-028);
WHEREAS, under the Joint Powers Agreement, CapMetro has many responsibilities to ensure the successful implementation of Project Connect, including the following:
§ Dedicate the balance of its Capital Expansion [Fund] to the implementation of Project Connect as provided in the Funding and Commitment Resolution;
§ Commit all estimated revenues identified in the Estimated Long-Term Contribution as provided in the Funding and Commitment Resolution;
§ As the region’s designated grant recipient, work with ATP and FTA to meet the requirements for New Starts Capital Investment Grants and other grant opportunities and may serve as FTA Project Sponsor, in partnership with ATP, and if applicable transfer funds received from any grants received through the Capital Investment Grants Program;
§ Complete the federally required NEPA Preliminary Engineering process to obtain an FTA Record of Decision for the approved Locally Preferred Alternatives approved for the Orange, Blue and Gold Lines and MetroRapid;
§ Complete the MetroRapid and MetroRail program projects and obtain reimbursement from ATP;
§ Enter into interlocal agreements with ATP to transfer funding to operate and maintain Project Connect assets;
§ Develop an operational readiness program for each project to contract, hire, and train staff and complete other requirements to prepare for revenue service operation;
§ Direct or via contract support, perform safety inspections and complete any FTA safety certification or other requirements;
§ Continue to operate transit service and provide information to the community and customers about anticipated service changes and service change processes so they may be engaged and informed;
WHEREAS, as the Project Sponsor, Capital Metro is required to ensure the Project Management Plan, which addresses all facets of the project from preliminary engineering through revenue operations, is developed and implemented to the satisfaction of the FTA, and includes numerous topics such as a Safety and Security Management Plan; budgets; labor relations policies, including 13(c) obligations; and procedures for testing the operational system and its components before service begins;
WHEREAS, Capital Metro is the Designated Recipient of federal transit funds for this region and has more than thirty-five years of successful grant acquisition, execution and management;
WHEREAS, the Project Connect Orange and Blue light rail lines, as well as the Expo and Pleasant Valley MetroRapid lines, have been listed in the President's FY2023 annual budget request with CapMetro as the local Project Sponsor and with a federal investment 20 percent higher than what was committed to voters;
WHEREAS, the CapMetro Board desires to acknowledge its commitment to the partnership and fulfill its obligations as provided by the Contract With the Voters, the CapMetro Funding Commitment Resolution, and the Joint Powers Agreement by confirming its responsibilities under such documents and providing clear direction to the President & CEO on the Board’s expectations and duties in accordance with these obligations; and
WHEREAS, the CapMetro Board voted to amend and restate the ATP Articles of Incorporation on April 25, 2022, to add the CapMetro President & CEO as an ex officio member of the ATP Board of Directors to ensure a balance of membership on the ATP Board, and the City Council will consider the Amended and Restated Certificate of Formation on May 5, 2022.
NOW, THEREFORE, BE IT RESOLVED that the CapMetro Board of Directors relieves the President & CEO from any duties in his Employment Agreement dated December 15, 2020, related to performing the functions of the ATP Executive Director.
BE IT FURTHER RESOLVED, that upon Austin City Council concurrence of the approved amendments to the ATP Articles of Incorporation, the President & CEO shall serve as an ex officio member of the ATP Board and represent CapMetro to ensure tri-party collaboration and delivery of the program, as was committed to the voters.
BE IT FURTHER RESOLVED, that the CapMetro Board of Directors, in accordance with the above referenced documents, directs the CapMetro President & CEO to do the following:
§ As the Project Sponsor on behalf of the partnership, develop a federal strategy to benefit the program and further the partnership to maximize federal revenue sources and the timely receipt of grants
§ As the Project Sponsor and Designated Recipient, if applicable, transfer any federal grant funding received for the program from CapMetro to ATP via a subrecipient grant agreement with ATP and ensure all federal oversight requirements are met with respect to the grant funding
§ Continue all appropriate tasks to complete NEPA Preliminary Engineering, obtain an FTA Record of Decision, and complete the 30% design and cost estimates
§ Take all necessary actions to complete the MetroRapid and MetroRail projects and obtain reimbursement from ATP in accordance with the terms of Interlocal Agreement between CapMetro and ATP for Support Services and Project Implementation (CapMetro Board Resolution No. AI-2021-1425 and ATP Board Resolution No. ATP-2021-004)
§ Develop and implement an operational readiness program that meets all requirements of the FTA and ensures CapMetro is prepared to begin revenue service on the Project Connect projects, including acceptance of the assets, systems and vehicles and development of a trained workforce
§ Develop and implement the federally required Safety and Security Management Plans and associated procedures and certifications, including safety and security verification processes, construction safety and security management activities and coordination with federal safety and security-related agencies.
____________________ Date: ____________________
Secretary of the Board
Leslie Pool