R-4026-9-23 RESOLUTION NO.4026-9-23(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING APPROVAL OF AN ADVANCED FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE ALLEN-SHARED USE PATH ALONG AND OVER ROWLETT CREEK
PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,federal law establishes federally funded programs for transportation improvements to implement
its public purposes, and
WHEREAS,the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct
and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the
Texas Transportation Commission to accept contributions from political subdivisions for development and
construction of public roads and the state highway system within the political subdivision, and
WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning
Organizations ("MPOs")develop transportation plans and programs for urbanized areas of Texas, and
WHEREAS,Federal and state laws require local governments to meet certain contract standards relating to the
management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe
federal, state,and local responsibilities for cost participation in highway improvement and other transportation
projects, and
WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program ("TASA") are
established in 23 USC§133(h),and 43 Texas Administrative Code,Part 1,Chapter 11, Subchapter G, §§11.400
— 11.418,and
WHEREAS, the City prepared and submitted to the State or Metropolitan Planning Organization (MPO)(ie.,
the North Central Texas Council of Governments) a project nomination package for TASA funding
consideration,which is briefly described bicycle and pedestrian improvements along Rowlett Creek("Project"),
and
WHEREAS, the Texas Transportation Commission ("Commission") passed Minute Order Number 116292
(MO) dated August 30, 2022, awarding funding for TASA projects in the TASA Program Call of the North
Central Texas Council of Governments, including the Project, and
WHEREAS, the City Council has been presented a proposed Advance Funding Agreement ("AFA") for a
Transportation Alternatives Set-Aside(TASA)Program Project(the"Agreement"),by and between the City of
Allen, Texas), and the State of Texas, acting by and through the Texas Department of Transportation (the
"State"),
WHEREAS, the City Council of the City of Allen, Texas finds it to be in the public interest to enter into the
Agreement and authorize the City's funds to pay its matching share pursuant to the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The City Manager is authorized to (i) negotiate and sign on behalf of the City the Advance
Funding Agreement ("AFA')for a Transportation Alternatives Set-Aside (TASA) Program Project(CCSJ #
0918-24-296) with the Texas Department of Transportation providing for the construction of the Project, (ii)
sign all additional documents necessary in the performance of the Agreement; and(iii)pay,in accordance with
the Agreement,the City's funding share for the cost relating to the Project plus any cost overruns.
SECTION 2. It is hereby officially found and determined that the meeting at which this resolution is passed is ,
open to the public and that public notice of the time,place and purpose of said meeting was given as required
by law.
SECTION 3. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 12TH DAY OF SEPTEMBER 2023.
APPROVED: •
Bai a L.Broo , OR
ATTEST:
7
She ey B.Geor , RMC,CITY {CRETARY
Resolution No.4026-9-23(R),Page 2