HomeMy WebLinkAboutAgenda - 05-15-2012 - 7cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 15, 2012
Action Agenda
Item No. ~ - C
SUBJECT: Oran e County Transit Plan and Related A reements
DEPARTMENT: Manager, Planning &
Inspections, Financial
Services and Attorney
ATTACHMENTS:
1. DRAFT Orange County Transit Plan
(includes Financial Plan)
2. Durham/Orange Cost Share Agreement
3. Orange County/Triangle Transit
Implementing Agreement
4. Do Not Levy Tax Agreement
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Frank W. Clifton, Jr., Manager, 245-2300
David King, General Manager, Triangle
Transit, 485-7424
Wib Gulley, General Counsel, Triangle
Transit, 485-7418
PURPOSE: To consider adoption of the Orange County Transit Plan and approval of the three
attached agreements.
BACKGROUND: Staff from Triangle Transit (TT) will lead the Board through discussion and
consideration of the attachments.
At the May 3, 2012 Work Session, the Board reviewed the public input on The Orange County
Transit Plan (OCTP, also referred to as the Orange County Bus and Rail Investment Plan)
(Attachment 1) from the following events:
o Public hearing held on April 3, 2012
o Public hearing on April 17, 2012
o Open House at Extraordinary Ventures on April 23, 2012
A second open house was held on April 30, 2012 at the West Campus office, but comments
were not available for the May 3 work session. The Board also received and discussed the
draft OCTP.
The OCTP will describe how Orange County plans to utilize revenue from the % cent sales tax,
if the Board establishes a referendum on the tax and if it is approved by Orange County voters,
in addition to how funds are spent from a possible $7.00 county tag fee, a$3.00 increase to the
current Triangle Transit tag fee, and triangle regional rental car fee revenues. The Plan
includes elements such as:
• Fixed guideway transit (Light Rail Transit)
o Orange County's transit partnership with Durham County
• Expanded or new bus service (local, rural and regional)
• Martin Luther King Jr. Blvd. bus lanes
• Small capital transit facilities (park and ride lots, train stations)
Staff Note: Orange County Planning staff and Chair Bemadette Pelissier have identified
sections of the DRAFT Plan (Attachment 1) that will require further clarification and elaboration
consistent with previous BOCC discussions and direction. A subsequent draft is to be prepared
by Triangle Transit staff and delivered to the Board, under separate cover, prior to the meeting.
The Durham/Orange Cost Share Agreement (Attachment 2) records how the cost of elements
of the plan that cross the county boundary will be managed.
The Orange County/Triangle Transit Implementing Agreement (Attachment 3) describes how
Triangle Transit will utilize the funds received through the '/ cent sales tax and other revenue
sources.
The Do Not Levy Agreement (Attachment 4) is an agreement between Orange County and
Triangle Transit that confirms that Triangle Transit will not levy the '/ cent sales tax in Orange
County until certain conditions have been met if and when an associated referendum is
approved by Orange County voters.
Next Steps:
June 5, 2012: Public Hearing on the '/ cent sales tax and decision on 'h cent sales tax
referendum.
FINANCIAL IMPACT: None at this time. The Durham/Orange Cost Share Agreement and the
OCTP both include information on future commitments.
RECOMMENDATIONS: The Manager recommends that the Board:
1) Consider and take appropriate action on the Orange County Transit Plan;
2) Consider and take appropriate action on the Durham/Orange Cost Share
Agreement, and if approved, authorize the Chair to sign the Agreement;
3) Consider and take appropriate action on the Orange County/Triangle Transit
Implementing Agreement, and if approved, authorize the Chair to sign the
Agreement; and
4) Approve and authorize the Chair to sign the Do Not Levy Agreement.
Attachment 1 3
The DRAFT
Bus and Rail
Inve stment Plan. of Orange
County
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MW
Ch Hill
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DCHC
METROWLITAN
PfanningOrganIzation
5/8/2012
4
The Bus and Rail Investment Plan of Orange County
I. INTRODUCTION
3
II. TRANSIT STEPS LEAD~NG UP TO THIS PLAN q,
III. PLAN ELEMENTS 5
A. PUBLIC TRANSIT PROVIDERS
B. NEW BUS SERVICE
C. NEW BUS CAPITAL INVESTMENTS
D. HILLSBOROUGH AMTRAK STATION
E. NEW LIGHT RAIL SERVICE
F. MARTIN LUTHER KING JR. BOULEVARD BUS LANES
IV. MAPS 9
V. ORANGE COUNTY REVENUES 16
A. ONE-HALF CENT TRANSIT SALES TAX
B. $7 COUNTY VEHICLE REGISTRATION FEE
C. $3 REGIONAL VEHICLE REGISTRATION FEE
D. REVENUE FROM REGIONAL RENTAL CAR TAX
E. STATE GOVERNMENT FUNDING
F. FEDERAL GOVERNMENT FUNDING
VI. ORANGE FINANCIAL PLAN DATA 19
VII. AGREEMENTS 19
VIII. CLOSING SUMMARY 21
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The Bus and Rail Investment Plan of Orange County
I. INTRODUCTION
Orange County has achieved an enviable quality of life at the end of the first decade of the
21St century. Recent accolades include its ranking as the best place to live in the South by
Money magazine, the #1 housing market in the US by the Wall Street lournal and one of the
best places in the nation to raise children by Business Week magazine. Orange County is
nationally known for its excellent public education systems. Two districts serve the residents
of Orange County - The Chapel Hill-Carrboro City School System and the Orange County
School System. The University of North Carolina at Chapel Hill consistently ranks among the
great institutions of higher education in the nation, most recently honored by US News &
World Report.
With these successes comes growth in population and increased pressure on our roads and
highways. Since 2004, the Triangle has moved from 46th largest metro area in the nation to
40th in 2009, and our vehicle demand on freeways is up by 28% over those five years.
Recently, our region was named the 3~d most sprawling urban area in the country among the
83 areas studied.
In its 2009 long-range (2035) report, the Durham-Chapel Hill-Carrboro Metropolitan Planning
Organization (DCHC MPO) noted that the region's population would more than double over
the 25-year period. For the last two decades, the demand on our roads has grown
significantly faster than our population. Even with planned highway improvements and likely
additional revenues for new roads, it is clear that Orange County and the region will see
declining levels of service on major roads in the next 25 years. Orange County population
grew by 1.6% a year since 2000 and is projected to grow from the countywide 2010 census of
133,801 to approximately 173,000 by 2030.
The economic costs for our increasingly congested roads are significant. In its 2010 Annual
Urban Mobility Report, the Texas Transportation Institute estimated that our region has
"congestion costs" of almost one-half billion dollars a year. Recently, a May 10, 2011 study
cited in Forbes magazine found that the Triangle was the urban region in the nation that is
most vulnerable to rising gasoline prices. Enhanced transportation options need to be
created to ensure that Orange County's residents of all income levels have access to centers
of employment and commerce.
Orange County residents and its regional neighbors are aware of the growth in clogged roads,
as well as the accompanying air quality problems, negative economic impacts and the loss of
the quality of life we enjoy if these transportation challenges are not met. Local citizens and
elected leaders have responded to these challenges, with some assistance from state
government, as described in this investment plan.
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II. TRANSIT PLANNING STEPS LEADING UP TO THIS PLAN
Beginning in 2007, a blue-ribbon group of Triangle leaders (the Special Transit Advisory
Commission, or STAC) met for over a year and in 2008 unanimously recommended a regional
vision for bus and rail investments. One year later, the region's two Metropolitan Planning
Organizations (MPOs) fully incorporated the STAC recommendations into their long-range (25
year) transportation plan.
In August 2009, Governor Beverly Perdue signed into law the Congestion Relief and
Intermodal Transport Fund Act (HB 148), legislation that allows Orange, Durham and Wake
counties to generate new revenues for public transportation. These new revenues can
include a one-half cent sales tax, if approved by the public through a referendum, as well as
an additional $10 in local and regional vehicle registration fees.
Over the last 2 years, Triangle Transit staff has worked with municipal, Orange County, MPO
and other regional transportation staff to develop a detailed, 25-year plan for new bus and
rail investments designed to provide greater transportation options for residents and
employers. These investments would positively impact traffic congestion and air quality, and
support local land use policies. This plan is the culmination of that collaboration and
proposes crucial public investments and services to maintain our quality of life and economic
vitality for the next 25 years.
Extensive public engagement has occurred over the past year in the development of the bus
and rail elements of this plan. In 2010 and 2011Triangle Transit and local transportation staff
members from municipalities, counties and MPOs conducted a series of 19 public workshops,
at various locations throughout the Triangle, on the process and substance of the plan's
development. A total of over 1,100 participants attended the meetings and they provided
over 500 comments on the plan. Since that time, the project web site,
www.ourtransitfuture.com, was viewed by over 73,000 unique individuals with 2.3 million
page hits. The web site houses all of the presentation materials and proposed plan elements.
Additionally, the DCHC MPO held five public workshops to receive input on the proposed plan
in 2011. The Orange County Board of Commissioners held two public hearings and two public
workshops to provide opportunities for the public to ask questions and provide feedback on
the proposed plan.
There have been dozens of ineetings with citizens, local elected officials, staff and members
of the region's MPOs, community stakeholders and business leaders, allowing extensive
feedback on the proposed bus and rail elements of the plan. The financial and service
elements of this plan are coordinated with the adopted Durham County Bus and Rail
Investment Plan. Additionally, this bus and rail investment plan builds on the existing transit
5/8/2012 - Page ~ 4
~
services and therefore does not eliminate or reduce the current financial and service
commitments.
III. PLAN ELEMENTS
A. Public Transit Providers
The Triangle has a number of public transit providers who have been involved in the
development of this plan and will have responsibility to implement the recommendations of
the plan once it is approved. Below is a brief description of the transit agencies:
Chapel Hill Transit is a multijurisdictional agency formed by a partnership of the Towns of
Chapel Hill, Carrboro and the University of North Carolina at Chapel Hill. Chapel Hill Transit is
responsible for regular and express route and demand response service in the Chapel Hill,
Carrboro, and University area. Chapel Hill Transit also provides regional express bus service, in
cooperation with Triangle Transit to Hillsborough.
Oran~e Countv Public Transit is a county agency that provides community transportation in
unincorporated Orange County consisting of demand response service and circulator service
within Hillsborough in cooperation with the Town of Hillsborough. Orange County Public
Transportation is responsible for providing transportation services to all residents of
unincorporated Orange County, the Town of Hillsborough and a portion of the City of Mebane
with destinations within and beyond Orange County borders.
Trian~le Transit is a regional transit agency serving Wake, Durham and Orange counties.
Triangle Transit is responsible for the provision of regional commuter express and demand
response service connecting Wake, Durham and Orange counties
B. New Bus Service
Representatives from Orange County, Chapel Hill, Carrboro, Hillsborough, The University of
North Carolina at Chapel Hill, and Triangle Transit have worked collaboratively to develop a
comprehensive bus service improvement plan that supports the effort to improve public
transit in Orange County. The group identified a range of services that would address county-
wide transit service needs. Identified services were ranked and prioritized based on a set of
goals and strategies.
Goals include:
• Improve overall mobility and transportation option in the region
• Provide geographic equity
• Support improved capital facilities
• Support transit supportive land use
• Provide positive impact on air quality.
5/8/2012 - Page ~ 5
8
Strategies to accomplish these goals include:
• Improve connectivity
• Increase frequency in peak hours
• Improve weekend, night services (off peak)
• Enhance existing service
• Maintain existing services
• Maintain level of local funding at no less than the August 1, 2009 spending level
Over the course of the plan, a new half-cent sales tax would enable delivery of a total of
41,000 additional bus hours in Orange County. By comparison, Chapel Hill Transit currently
provides 190,000 annual bus hours and Orange Public Transportation provides 12,846 annual
bus hours. The projects will provide benefits to all areas of the county by enhancing urban
and rural transit services.
Bus improvement projects were classified by type of service:
Local bus service - service operating within Orange County boundaries
Rural or Non-urban service- new or supplemented bus service in northern and
western portions of the County.
Regional express service - service operating in more than one county or between
separate urban areas
First Five Years followinp successful sales tax referendum
An investment that equals about 34,650 bus service hours will be provided during the first
five years. Improvements include:
Improve connectivity
• New regional service connecting Carrboro, Chapel Hill, and Durham
• New regional express service connecting Mebane, Hillsborough and Durham.
Increase frequency in peak hours
• Enhanced services in the US 15/501 corridor between Durham and Chapel Hill
for Chapel Hill Transit, Triangle Transit, and DATA.
• Improvements in the NC 54 corridor transit service.
• Increased peak hour service on Triangle Transit Route 800 between Research
Triangle Park and Chapel Hill.
• Increased peak hour service on Triangle Transit Route 420 between
Hillsborough and Chapel Hill.
Improve weekend, night services (off peak)
• New Saturday service on the in-town Hillsborough circulator.
• Expanded local Saturday service in Chapel Hill, Carrboro and UNC.
• Expanded regional Saturday service on existing Triangle Transit Route 405
between Durham and Chapel Hill and Triangle Transit Route 800 between
Chapel Hill and the Research Triangle Park.
5/8/2012 - Page ~ 6
~
• Expanded regional Sunday service on existing Triangle Transit Route 405
between Durham and Chapel Hill and Triangle Transit Route 800 between
Chapel Hill and the Research Triangle Park.
• New local Sunday service in Chapel Hill, Carrboro and UNC.
• Expanded local evening service in Chapel Hill, Carrboro and UNC.
Bus Service Enhancements
• Enhanced rural transit service in unincorporated Orange County.
Maintain existing services.
• A portion of revenues identified in the plan will be used to support existing bus
service.
• Continue weekday hourly service on the in-town Hillsborough circulator.
C. New Bus Capital tnvestments
a. Park and Ride lots
b. Bus Shelters
c. Real-time passenger information signs and technology
d. Bus stop access improvements such as sidewalks.
D. Hillsborough Amtrak Station
The p~an will provide local funding to support the creation of a station in the Town
of Hillsborough.
Year six and bevond followina successful sales tax referendum
An additional 6,350 new bus service hours will be provided between year six of the plan
implementation through the end of the program (year 2035) bringing the total to 41,000 total
new bus hours.
Improvements include:
• Increase frequency in peak hours
o Increased peak hour service on Pittsboro - Chapel Hill Express.
o Increased peak hour service on the existing Triangle Transit Route 800
between Research Triangle Park and Chapel Hill.
o Increased peak hour service in Chapel Hill, Carrboro and UNC.
• Service Enhancements
o Continued enhancements to rural transit service in unincorporated Orange
County.
E. New Light Rail Service
The Orange County Bus and Rail Investment plan provides funding for a fixed guideway
transit system that would connect Durham and Orange counties using Light Rail
technology (LRT). The 17-mile alignment extends from the University of North Carolina
(UNC) Hospitals to Alston Avenue/ NCCU in East Durham. A total of 17 stations have been
proposed including a station next to the Dean Smith Center, Hamilton Road, the Friday
Center, as well as a potential station at Woodmont/ Hillmont or Meadowmont in Chapel
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10
Hill. Stations in Durham include Patterson Place along US 15-501, the South Square area,
at Duke Medical Center, Ninth Street, and downtown Durham, with convenient access to
nearby bus and Amtrak intercity rail connections. Due to the light rail vehicle's
capabilities and the requirements of the activity centers and neighborhoods being served
along the corridor, light rail stations are routinely spaced between % mile and 2 miles
apart.
Light Rail vehicles are electrically powered and travel at speeds up to 55 mph. The total
travel time for the 17-mile alignment is about 35 minutes, including stops. The vehicles
are approximately 90 feet long and can operate in both directions. Additional cars can be
added as demand increases. Recent 2035 projections indicate that ridership will exceed
approximately 14,000 boardings per day. These projections are subject to change as the
demand model is refined and as development, population and employment changes are
recognized.
Light rail vehicles can operate in exclusive right of way, as well as along urban streets, and
characteristically serve accessible low platforms (14 inches high) at each station. The
operations plan for the 17-mile alignment includes train frequencies (headways/ e.g. time
between each train) of 10 minutes during the morning and evening peak and 20 minutes
during the off-peak hours and on weekends. Vehicles will operate on an 18-hour schedule
each weekday. Several potential light rail vehicte maintenance facility locations are being
evaluated. Detailed alignment and station location decisions will be made at the end of
Preliminary Engineering.
The total capital cost for the Durham and Orange Light Rail Project is approximately $1.4
billion (2011 dollars). Orange County's share is $316.2 million (2011 dollars). Operations
and Maintenance costs are estimated at $14.44 million/year (2011 dollars). Orange
County's share of the Operations and Maintenance costs are $3.2 million/ year (2011
dollars). For Orange County's share of the capital cost of the Light Rail project the total
cost allocation is Orange County 25%, and an assumed State participation of 25% and
Federal Participation of 50%.
F. Martin Luther King Boulevard Bus Lanes
This investment provides for bus-only lanes on Martin Luther King (MLK) Boulevard from
Interstate 40 to Estes Drive. It will make bus travel times more reliable in peak periods.
Existing buses in the MLK corridor will be re-routed to take advantage of the enhanced
bus lanes.
Orange County's cost for the bus lanes is anticipated to be $20 to $25 million. This project
assumes 25% of the funding will come from the State and 50% of the funding will come
from the Federal Government. Since the bus lanes will be used by existing services, they
do not generate any additional operational costs within the plan.
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11
IV. MAPS : The series of maps listed below articulate proposed investments in both bus and
rail throughout Orange County.
a. Chapel Hill Transit Weekday Service Improvements
b. Chapel Hill/ Carrboro: Saturday Service Improvements
c. Chapel Hill/ Carrboro: Sunday Service Improvements
d. Improved Bus Service in US 15/ 501 and NC 54 Corridors
e. Orange County Transit Plan: Proposed Regional Bus Service Improvements
f. Durham-Orange Light Rail Transit Project
g. Improved Bus service on MLK
h. Regional Integration of Orange, Durham, and Wake Transit Plans
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Weekday Service Improvements
it
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aiHS Route
,/" • E t HU Route
�j Route
{ C;71=L;N Route
t NS Route
•Improve evening service(A,CM,CW, D,F,G,HS, ataaNU Route
HU,J,N,NS,NU,S,U,V,T) t SRoute
-Extend the hours TRoute
y -Make the schedules more consistent d11111111111i;U Route
Improve frequency V Route
•Utilize a portion of the funds to sustain the financial -n Weekday Route 2012
stability of the system.
*increase peak-hour service v Park and Ride Lots
-Add service frequency on routes that experience Cariboro Town Limits
overloading during the rush hour
Chapel Hill To-m Limits
5/8/2012-Page 110
13
Chapel Hill/Carrboro: Saturday Service Improvements
Existing Service Characteristics:
•Operates 8:00am-6:30prn 0
•80 daily service hours
Proposed Improvements:
•Re-design routes
•Double the existing service
•Expand operating flours
•Improve service frequency
•Add up to 70 dally service hours
astgate
3
3� niversity Mail
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aSaturday Improvements
a Triargls Counties
Chapel Hill
Carrboro
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-Existing CHT Saturdri Routes
.Landmarks
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5/8/2012-Page 11
14
Chapel Hill/Carrboro: Sunday Service Improvements
Existing Service Characteristics:
•Operates 10 30am-11:30pm 0
when UNC is in session
•22 daily service hours
Proposed Improvements:
•Design and implement new routes
-Adjust existing routes
•Add up to 58 daily service hours
,Eastgate
n n
r `University Mall
} - D
-Carr Mill 'J-tlNC
�r
Sunday Improvements
.. Q Triangle Counties
Chapel Hill
Cartboro
Straelx
Existing CHT Sat
--�=Ezisting Sunday U
1Existing Sundiy NU
Landmarks
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15
Improved Bus Service in US 151501 and NC 54 Corridors
US 15/501 Corridor Improvements:
E •Re-design CL and D
•Extend service to connect to Durham
•Establish connections with
regional service
•Improve frequency in service hours
astgate
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a
niversity,Mall
5
Carr C
Saturday improvements
NC 54 Corridor Improvements: a Triangle Counties
Ghapel HiII
•Add vehicles in the corridor Carrnoro
to meet Park-and-Ride demand streets
•IdenLhy additional satellite parking —Existing CHT Saturday Routes
(utilize existing lots)
Landrnarks
Qe Park and Ride Lots
Mlles
5/8/2012-Page 113
16
Orange County Transit Plan: Proposed Regional Bus Service Improvements
4 ,
' LEGEND
Triangle Counties
a
Orange Townships
lasiv w Hillsborough
140E F '.- *, _ -::)Chapel Hill
4 [Carrboro
z V Streets
Durham Tech ' Ie6c Chapel Hill-Raicigh Express
range Campus ' Downtown € ---Carrboro-Chapel Hid-Durham
Durham ----Mebane-Hillsborough-Duke-Durham
Duke -Chapel Hill-South Durham-RTP
NCCU Hillsborough-Chapel Hill
M. OPark-Ride Catchment Area
Existing P-R Lots
sr> Potential P-R Lots
# _ Other
2010 Residents Per Sq.Mile
0 to 250
250 to 500
UNC t - soo to 1,000
• 1 r k 4 �0/� M1,000 to 2,000
j JW,000 to 3,500
RTC a� �,500 to 5,000
�,000 to 10,000
_10,000 and above
0 2.5 5 7,5
APm 212 Trunpk Transit Stall
miles
Agri 23,2012
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Durham—Orange
Light Rail Transit Pric 'ect
pring
Dtr�d Lt,n���„ly
Light Rail Route
•• e• Routes to be Studied
Further
•
Railroad Corridor
O Light Rail Stations North Carolina
``
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Central University
• Alternate DurtumTechnica!
Light Rail Stations .* Community College
/---73 miles(or bus
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cunnMtiun to swlien ••••
almile for A
Note:Not To Scale .;
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Our Transit Future .
5/8/2012 -Page 1 15
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Improved Bus Service on Martin Luther King Jr. Boulevard
BRT is a flexible,high performance Eubanks
bus service that combines many
characteristics of light rail Including g
physical,operating,and system elements m
into a permanently integrated bus system 3
with a quality Image and unique Identity. 7
Characteristics:
-High capacity buses a
-High frequency service 17
•Dedicated lanes tv
Upgraded shelters Carolina North a.
•Technology ;r Eastgate ,
•Easy fare payment y
Unique identity �y�c University Mall .
a K II
FFP
Carr Mill ,� UNC +�
O ERT on MLK
Triangle Counties
Chapel Hill
•MLK is a prone corridor to introduce SRT carrboro
•CHT has funding in place to begin Alternatives Analysis(AA) streets
•AA process will be guided by Chapel Hill 2020 recommendations CH Weekdiy Service
.Landmarks
Pai*and Ride Lots
D0 .5 1 1.5
fir• t_r•
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fi.3,rNEs Sxa'g
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Wake forest
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Regional Integration of 41
Orange, Durham, 1 Wake Transit Plan 'V
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V. ORANGE COUNTY REVENUES
A variety of revenue sources provide the funding for the Orange County Bus and Rail
Investment Plan. Those revenues include:
• A new one-half-cent sales tax in Orange County
• A new$7 vehicle registration fee levied by Orange County
• An increase of$3 to the existing$5 vehicle registration fee currently levied by Triangle
Transit in Orange County
• Revenue from Triangle Transit's rental car tax
• NC State Government contributions
• Federal Government contributions
In addition, local funding of current transit services will remain in place.
The initial proceeds for each local revenue stream for Orange County in 2012 for transit are
assumed to be:
• Y-cent sales tax: $5.1 million
• $7 vehicle registration fee: $770,000
• $3 vehicle registration fee increase: $330,000
5/8/2012-Page 1 17
• Rental car tax revenue: $560,000
Growth rates assumed for each revenue source:
• % -cent sales tax:
• Growth rate from 2011 through 2014: 1.5%
• Growth rate from 2015 through 2035: 3.6%
• $7 vehicle registration fee: 2.0/
• $3 vehicle registration fee increase: 2.0/
• Rental car tax revenue: 4.0%
20
$28 million would be borrowed over the life of the plan. This borrowing would cover for the
large capital expenditures which occur for 3 to 4 years of construction of the light rail
component of the plan. Any borrowing would be from capital markets through government
bonds, would require approval by the NC Local Government Commission, and would have to
meet debt to revenue ratios required by the capital markets for bond issuance.
Further details for each revenue source follow.
A. One -half cent sales tax in Orange County
A one half -cent sales tax in Orange County means that when individuals spend $10.00 on
certain goods and services, an additional five cents ($0.05) is added to the transaction to
support the development of the Bus and Rail Investment Plan. Purchases of food, gasoline,
medicine, health care and housing are excluded from the tax.
A one half -cent sales tax in Orange County is estimated to generate $5.1 million in 2012. Over
the life of the plan to 2035, the sales tax is expected to generate $165 million in Year -Of-
Expenditure (YOE) dollars. This tax can only be levied subsequent to a referendum by the
Orange Board of County Commissioners and approval by the voters.
Revenue identified in the Bus and Rail Investment Plan for Orange County can be used for
financing, constructing, operating and maintain local public transportation systems. The
funds can be used to supplement but not supplant or replace existing funds or resources for
public transit systems.
B. $7 Vehicle Registration Fee in Orange County
A seven dollar ($7) vehicle registration fee in Orange County means that when an individual
registers a new vehicle or renews the registration for an existing vehicle in Orange County, an
additional $7 per year is added to the cost above the other required registration fees for that
vehicle.
The seven dollar fee in Orange County is expected to bring in $580,000 in 2012. Over the life
of the plan to 2035, the seven dollar fee is expected to generate $22.5 million in Year -Of-
Expenditure (YOE) dollars.
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C. $3 Vehicle Registration Fee Increase for Triangle Transit in Orange County
A three dollar ($3) vehicle registration fee increase in Orange County means that when an
individual registers a new vehicle or renews the registration for an existing vehicle in Orange
County, an additional $3 per year is added to the cost above the other required registration
fees for that vehicle. An existing $5 fee for vehicle registration supports activities of Triangle
Transit, including bus operations and long-term planning. This fee would be increased to $8
when the $3 increase is implemented.
The three dollar fee in Orange County is projected to generate $250,000 in 2012. Over the
life of the plan to 2035, the three dollar fee is expected to generate $9.7 million in Year-Of-
Expenditure (YOE) dollars.
D. Revenue from Triangle Transit's Rental Car Tax
Triangle Transit operations are partially funded by a five percent (5%) tax on car rentals in
Wake, Durham, and Orange Counties. Under existing policy adopted by the TTA Board, 50%
of the rental car tax revenues are dedicated to advancing long-range bus and rail transit.
Since a significant portion of all cars rented and driven in the three counties are rented at
RDU International Airport, it is difficult to determine which rentals are driven primarily in one
county or another. Therefore, the 50% rental revenues dedicated to long-term transit were
allocated by county according to the percentage of population in the Triangle Region, which
is: Wake (68%); Durham (21.5%); Orange (10.5%).
The Triangle Transit rental car tax proceeds directed to project development in Orange
County are estimated to be $560,000 in 2012. Over the life of the plan to 2035, the rental car
tax is expected to generate $21.3 million in Year-Of-Expenditure (YOE) dollars for Orange
County.
E. NC State Government Funding
The plan includes a 25% capital cost contribution by the NC Department of Transportation
(NCDOT) for both light rail and commuter rail projects in Orange County. This level of
participation was established by the State in the Charlotte Blue Line light rail project in 2003.
The plan assumes that NCDOT also pays for 10% of bus capital costs (replacement buses, new
buses, park and ride lots, etc) consistent with its current practices.
F. Federal Government Funding
The plan assumes that the Federal Government contributes SO% of the capital cost for the
light rail project in Orange County. This was the federal level of participation in the Charlotte
Blue Line light rail project and is consistent with federal funding outcomes for most rail
projects in the Federal Transit Administration's New Starts program in recent years.
5/8/2012 - Page ~ 19
22
The plan assumes that the Federal Government aiso pays for 80% of bus capital costs,
consistent with its current practices, and continues to provide operating appropriations
consistent with present Federal Transit Administration operating grant formulas. Assumed
Federa) Government contributions to the plan total $239 million in YOE dollars from 2012
through 2035.
G. Transit Fares
The plan assumes fares for all operating agencies remain unchanged from the existing fare
structures.
• Light Rail farebox recovery ratio: 20%
• Triangle Transit bus farebox recovery ratio: 15%
• Chapel Hill Transit bus farebox recovery ratio: 0%
H. Additional Revenue Sources
This draft Bus and Rail Investment Plan does not rely on additional municipal contributions,
public or private 3rd party contributions, or value capture forms of revenue.
VI. ORANGE FINANCIAL PLAN DATA
The following is a list of the total spending for each technology and category identified in the
Orange County Bus and Rail Investment Plan.
• Rail Capital: $418 million ($316.2 million in 2011 dollars)
~ Rail Operations: $58 million
• Bus Capital: $40 million (including MLK Bus Lanes)
• Bus Operations: $109 million
• Debt: $19 million
VII. IMPLEMENTATION AGREEMENT: ANNUAL REVIEW AND CHANGES TO THE PLAN
The Bus and Rail Investment Plan of Orange County details the specific elements of local and
regional bus service, and Light Rail service to be added in Orange County over a twenty-three
year period. Because of the long time frame for implementation of the Plan and its major
capital projects, over time there will be changes and revisions made to the Plan. As the
statutory implementation agency, Triangle Transit will work with Orange County, the DCHC
Metropolitan Planning Organization (MPO), and the towns of Chapel Hill, Carrboro,
Hillsborough, the University of North Carolina at Chapel Hill and Chapel Hill Transit, and the
public transit provider in Orange County, to develop and execute an Implementation
agreement which details the following aspects of implementation of the Plan:
(a) Annual review presentations of the activities and progress made in implementation
of the Plan by Triangle Transit to the County and the MPO;
5/8/2012 - Page ~ 20
23
(b) The process for review and vote by the County, the MPO and Triangle Transit's
Board of Trustees or the role of the operating agency regarding on any significant or
substantial revisions to the Plan required by changes experienced in revenues
received, capital costs, operating expenses, or other substantial issues affecting the
Plan;
(c) A recognition and preservation of decision making responsibilities of the operating
agencies;
(d) Responsibility of Triangle Transit for direct disbursement of funds from the
revenues received per Section V(above) to the public agency responsible for
implementing the bus services set forth in the Plan; and
(d) Other necessary provisions regarding implementation of this Plan as agreed to by
the County, the MPO, and Triangle Transit
VIII. CLOSING SUMMARY
The Bus and Rail Investment Plan of Orange County is the result of years of collaborative work
among Orange County elected officials and civic leaders , regional stakeholders, municipal
and county staff and Triangle Transit. The plan consists of a balance of bus improvements
and rail investment to help accommodate the population and employment growth that the
region is expected to experience in the next 25 years.
The proposed plan addresses the ongoing need to provide more options to transit riders with
improved and expanded bus and rail connections. Once implemented, the residents of
Orange County will be able to have greater access to jobs, shopping, and activity centers such
as downtown Chapel Hill and Carrboro, the University, or the Hospital.
Additionally, the plan will provide core infrastructure investment that will help support the
goals and objectives of local land use plans in Orange County and its municipalities. In
particular, as evidenced in communities across the country, investment in light rail has proven
to be a great motivator for private companies to build transit-oriented development at
station locations along the rail corridor. This kind of more intense development generally
consists of a mixed-use, walkable environment that can provide a more sustainable
alternative to the suburban growth pattern that exists today, while allowing more open space
to be preserved.
All the elements listed in the Draft Bus and Rail Investment Plan of Orange County are fiscally
constrained. At every turn, the Plan is conservative in revenue assumptions and incorporates
contingencies for capital and operating expenditures.
The draft plan has been shared with the general public, Carrboro Board of Aldermen, Chapel
Hill Town Council, the Hillsborough Town Commissioners, the DCHC MPO, the Burlington-
Graham MPO and the Orange County Commission. The draft plan will be considered for
approval by the DCHC MPO, the Burlington-Graham MPO, the Triangle Transit Board of
Trustees, and the Orange County Board of Commissioners. The Orange County Board of
5/8/2012 - Page ~ 21
24
Commissioners will determine if and when to set a referendum date. Once a referendum
passes, work can begin on implementation of the Bus and Rail Investment Plan.
5/8/2012 - Page ~ 22
Attachment 2
ORANGE COUNTY, DURHAM COUNTY and RESEARCH TRIANGLE REGIONAL
PUBLIC TRANSPORTATION AUTHORITY
INTERLOCAL AGREEMENT FOR
COST SHARING FOR LRT RAIL PROJECT
This Interlocal Agreement ("Agreement") dated 2012 is
entered into by and between Orange County ("Orange"), a political subdivision of the
State or North Carolina, Durham County ("Durham"), a political subdivision of the State
of North Carolina, and Research Triangle Regional Public Transportation Authority,
d/b/a Triangle Transit ("TTA"). Durham, Orange, and TTA may be referred to
individually as "Party" and collectively as "Parties". This Agreement is made pursuant to
Article 20 of Chapter 160A of the North Carolina General Statutes.
Whereas, the Parties each desire to provide for the future transportation needs of
Durham and Orange, understanding that enhanced mobility options will support a high
quality of life, strengthen economic development, and enhance sustainability; and
Whereas, Durham and Orange mutually desire to support and share the costs for
the planning, construction, operation, and maintenance (collectively "Costs") of a 17.3
mile passenger rail service running from Durham to Orange along a corridor as outlined
in Attachment One, containing 17 stations, four of which are located in Orange County,
and utilizing light rail vehicles (`LRT Project") as an important element in meeting their
future transportation needs and supporting efficient, sustainable development patterns;
and
Whereas, the Parties acknowledge that the LRT Project will be managed,
planned, constructed, maintained and operated by the TTA according to each
jurisdictions Bus and Rail Investment Plans ("BRI Plans") as respectively adopted or
subsequently modified by the Parties, which plans, once adopted shall be incorporated
herein by reference; and
Whereas, pursuant to NCGS §105-508.2 (Article 43) and Chapter 105 Articles 50
and 51, revenues will be collected by the Secretary of the North Carolina Department of
Revenue and distributed to TTA to fund public transportation in TTA's jurisdiction
including the construction, maintenance and operation of the LRT Project; and
Whereas, the Parties have bargained to agreement on an equitable division of
responsibility to pay for the Costs of the LRT Project.
Now therefore, in light of the mutual covenants contained herein and provided
that the LRT Project moves through planning and construction as set forth in the BRI
Plans as may be modified from time to time, the Parties hereby agree as follows:
25
The total capital cost for the LRT Project through 2035 is estimated to be
$1.378 billion dollars as of the date of this Agreement. For purposes of this
26
Agreement capital costs include only planning and construction of the LRT
Project ("Capital Costs") which is estimated at 13 years and are a portion of
the total Costs. Over the coming years the Parties acknowledge that the LRT
Project will move from preliminary to final design, which will result in a more
precise project description and more accurate Capital Costs. As a result of
this and as with any major capital.project planned and constructed over a
number of years, the Parties understand that the estimated Costs of the LRT
Project may be subject to change and adjustment.
2. Subject to Section 5 herein and based upon a total Capital Cost estimate of
$1.378 billion for the LRT Project, it being anficipated the LRT project will be
funded 50% by the federal government .and 25% by the state government,
Durham's share (including federal, state and local transit tax proceeds) of this
total shall be $1.061.8 billion and Orange's share ~including federal, state and
local transit tax proceeds) of this total shall be $316.2 million. This division of
responsibility for Capital Costs reflects percentage shares of 77.05% for
Durham and 22.95% for Orange.
3. Subject to Section 5 herein, and due to the change in costs folfowing planning
and construction, the Parties agree that the division of responsibility for
operations and maintenance costs of the LRT Project in percentage shares of
76.05% for Durham and 23.95% for Orange.
4. The Parties agree that the funds used to pay for the Costs of the LRT Project
shall come from the % cent transit sales tax revenues received pursuant to
NCGS 105-508.2 and other transit revenues which may be used for this
purpose, including but not limited to rental car taxes and vehicle registration
fees levied and received pursuant to Chapter 105 Articles 50 and 51 by TTA.
TTA shall allocate and pay for the respective shares of planning, construction,
operations, and maintenance Costs from the revenues received in
'accordance with this Agreement and the BRI Plans.
5. The Parties agree that should the revenues discussed in Section 4 generated
in Orange and Durham counties be insufficient to meet each jurisdiction's
share of Costs, then neither party shall be obligated to use other revenues to
pay its share of Costs.
6. In the event Capital Costs exceed the current estimated total of $1.378 billion,
the Parties agree to discuss a response to this situation. Such response may
include but not be limited to a schedule delay in one or more aspects of the
LRT Project, a reduction in the scope of the LRT Project, a combination of
these measures, discontinuation of the LRT Project, or other reasonable
steps to mutually address the increased Capital Costs of the LRT Project.
7. TTA shall provide an annual report on the collection, allocation, and
expenditure of those funds to the governing boards of Durham and Orange.
Page ~ 2
27
TTA shall provide to the governing boards of Durham and Orange copies of
its annual audit reports as those reports are related to the collection of transit
revenues in Durham County and Orange County, including funds collected
pursuant to NCGS Chapter 105 Article 43.
8. Further, all of the Parties and any transit provider receiving funds pursuant to
this Agreement shall use the net proceeds to supplement and not to supplant
or replace existing funds or other resources for public transportation systems.
The Parties shall address this supplantation issue in each Party's
Implementation Agreement.
9. The Parties agree that Durham and TTA shall enter into an agreement
pursuant to NCGS 105-508.1(2) ("Durham Implementation Agreement").
10.The Parties agree that Orange ,and' TTA shall enter into an agreement
pursuant to NCGS 105-508.1(2) ("Orange Implementation Agreement").
11. If, during the term of this Agreement, state and/or federal funds to be used for
the LRT Project are cancelled, termina#ed, withdrawn, or otherwise become
unavailable for the LRT Project, the Parties agree the funds generated by the
sales tax levied pursuant to NCGS 105-509 and any other funds collected for
the LRT Project shall be re-allocated through;' #he process set forth in each
Party's Implementation Agreement and the reallocation of funds shall be
incorporated into ~he BRI Plans.
12.The term of this Agreement shall be from the date first above recorded to and
including June 30, 2035. Upon its expiration the Agreement may be renewed
upon mutual agreemenf of the_ Parties for successive three-year terms.
13. The Parties agree to review this; Agreement and to make any needed
modifications to its terms not more than once every three years.
14.The Agreement may be terminated upon mutual agreement of the Parties or
by one or more of the Parties upon a material breach by any of the Parties. In
the event of termination prior to the expiration of the original term, or any
agreed upon extension thereto, the Parties shall determine what obligations
remain and how to equitably distribute such obligations as they relate to the
LRT Project.
Any amendment, renewal, or termination of this Agreement must be in the
form of a written instrument approved by the governing Boards of the Parties.
15. This Agreement shall be governed by and in accordance with the laws of the
State of North Carolina. All actions relating in any way to this Agreement
shall be brought in the General Court of Justice in the County of Durham and
the State of North Carolina.
Page ~ 3
28
16. Except to the extent provided otherwise in this Agreement, it is agreed that
the Orange County Manager shall designate persons to carry out Orange
County's obligations under this Agreement, the Durham County Manager
shall designate persons to carry out Durham County's obligations under this
Agreement, and the General Manager of TTA shall designate persons to
carry out TTA's obligations under this Agreement.
17.Ownership of Improvement. All equipment acquired under this Interlocal
Agreement shall be the property of TTA or another entity under separate
agreement and shall be subject to disposition as required under applicable
law.
Page ~ 4
29
IN WITNESS WHEREOF, the Parties have approved this Agreement and have
caused it to be signed by the Chair of the Orange County Board of County
Commissioners, attested to by the Clerk of the Orange County Board, and by the Chair
of the Durham County Board of County Commissioners, attested to by the Clerk of the
Durham County Board, and by the General Manager of TTA and it is effective as of the
year and day first written above.
Orange County
By:
Bernadette Pelissier, Chair
Board of County Commissioners
Durham County
Wib Gulley, General Counsel
Page ~ 5
30
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31
Attachment 3
INTERLOCAL IMPLEMENTING AGREEMENT ON TRANSIT FUNDING
FOR ORANGE COUNTY
BETWEEN ORANGE COUNTY BOARD OF COMMISSIONERS AND
TRIANGLE TRANSIT AUTHORITY
This Interlocal Agreement ("Agreement") dated 2012 is
entered into by and between Orange County ("Orange"), a North Carolina County, and
Research Triangle Regional Public Transportation Authority, d/b/a Triangle Transit
("TTA"). Orange and TTA may be referred to individually as "Party" and collectively as
"Parties". This Agreement is made pursuant to Article 20 of Chapter 160A of the North
Carolina General Statutes.
Whereas, the Parties each desire to provide for the future transportation needs of
Durham and Orange, understanding that enhanced mobility options will support a high
quality of life, strengthen economic development, and enhance sustainability; and
Whereas, the Parties, together with Durham County entered into the Orange
County, Durham County and Research Triangl~. Regional Public Transportation
Interlocal Agreement for Cost Sharing for LRT Rail Project ("Cost Share Agreement")
outlining the provision of costs related to the planning, construction, operation, and
maintenance of a 17.3 mile passenger rail service running from Durham to Orange and
having 17 stations, four of which are located in Orange Couniy,(the "LRT Project"); and
Whereas, the Parties acknowledge that the LRT Project will be managed,
planned, constructetl, ` maintained and operated by the TTA according to Orange
County's Bus and Rail Investment Plan ("BRI Plan") as adopted or subsequently
modified by the Parties, which plan, shall be modified and amended as provided in this
Agreement; and
Whereas, pursuant to NCGS §105-508.2 (Article 43) and Chapter 105 Articles 50
and 51, revenues will be collected by the Secretary of the North Carolina Department of
Revenue and distributed to TTA to'fund public transportation in TTA's jurisdiction
including the constr~ction, maintenance and operation of the LRT Project; and
Whereas, even if the LRT Project does not move forward due to a shortfall of
anticipated federal and/or state revenue the BRI Plan must address the expenditure and
distribution of funds generated pursuant to Articles 43, 50 and 51 and such BRI Plan
shall be governed by this Agreement.
Now therefore, in light of the mutual covenants contained herein the Parties
hereby agree as follows:
1. APPROVAL OF THE TRANSIT PLAN: Orange has previously approved the
BRI Plan subject to the Parties' entry into and approval of this Agreement. The
BRI Plan details funding sources and use, governance, local rail priorities, bus
service expansion strategy, structure, and financial implementation.
Page 1 of 9
32
2. TRANSIT SPECIFIC FUNDING SOURCES: The parties agree that additional
funds for transit are needed locally and that new local tax sources of revenue,
as allowed by the North Carolina General Assembly, should be pursued. The
taxes or fees that should be considered are:
a. An additional % cent sales tax for all non-exempted goods sold within
Orange County. This source shall require the approval of over 50% of the
voters in a referendum to be enacted.
b. A new $7.00 vehicle registration fee on all vehicles registered within
Orange County, as decided by the Orange County Board of County
Commissioners ("BOCC").
c. A$3.00 increase in the existing vehicle registration fee on all vehicles
registered within Orange County, This fee would only go into effect if the
TTA Board of Trustees approves #he increase.
This Agreement incorporates the BRI Plan in full by reference (Attachment 1).
The BRI Plan sets forth the sources of `revenue, expected amounts of revenue
received over the term of the BRI Plan, the allocation of revenue for bus and rail
projects and services, and the lead provider of each service.
3. GOVERNANCE: Future decision-making authority regarding the BRI Plan shall
lie with the BOCC. The parties agree to abide by the final decisions of the
BOCC subje~t #o the terms of this Section.
a. The parEies_ agree that the BOCC will receive annual reports by August 1
regarding the status o~ the plan and may evaluate the effectiveness of this
Agreement and efficiency and effectiveness of the BRI Plan . The BOCC
evaluation will`be based on municipal input, public input, financial health of
the BRI Plan, including revenues; expenditures and timing, and the status
of transit project implementation. If issues are identified, the Parties to this
` Agreement grant the BOCC the power to request special reporting from
the service district, the Orange County Transit Plan Partnership, or any
transit provider: Qnce special reporting is requested the BOCC may, with
a supermajority vote, prohibit the use of Orange County generated local
funds untif such time as the identified issue(s) is satisfactorily addressed.
b. Any route that is funded with aforesaid revenues befinreen cities or
between counties (excepting that portion of Chapel Hill in Durham County
and between Chapel Hill and Carrboro) is a decision of the BOCC since
the effect of that route has regional significance and the impact on inter-
county or intra-county agreements.
c. Higher revenues than those projected in the financial model shall be held
by TTA in reserve in a separate account for a period of at a minimum finro
years. The BOCC may by majority vote, authorize the allocation of
additional monies for buses, small capital, or continue to hold the funds in
Page 2 of 9
reserve for future larger capital programs such as Small Starts or Very
Small Starts applications.
d. An advisory board will be created to be known as the Orange County
Transit Plan Partnership. The five member board will consist of one
member from each of the entities (Chapel Hill Transit, Hillsborough, and
Mebarie) and two members from the BOCC. Advisory Board members
shall be appointed by the BOCC and the board and its members shall be
subject to the terms of the Orange County Board of County
Commissioners Advisory Board Policy document and any associated
board specific policy document.
1. Information on major recommendations related to the BRI Plan and/
or the Orange County local transit tax revenue shall be distributed
to the Parties at least 30 day~ prior tb the advisory board's
recommendation. Recommendations related to funding sources,
investment priorities, and financial bonding shall be considered
major recommendations.
2. Elected officials representing any of the advisory board member
entities may request a"directed vote" from their board.
representative VVhen this type of vote is requested the
representative may'onty vote as directed by a majority vote of the
elected body.
3. All proposed changes to the Orange.County Area Transit Plan shall
be routed through the Durham Chapel`Hill Carrboro Metropolitan
Planning Organization {"MPO") standard plan modification
procedure if and when required. This procedure shall include
review by the Transportation Coordinating Committee, applicable
public outreach, a public comment period, and public hearing.
4. The MPO shall review and have the statutory authority to approve
the initial BRI Plan. The BOCC shall review and may approve all
amendments to the BRI Plan as provided in this Agreement.
4. LOCAL FUNDING FOR FIXED GUIDEWAY SERVICE:
Orange approved a Locally Preferred Alternative in February of 2012 that noted a
corridor alignment_and end points (i.e. length), as well as, a fixed guideway
technology chosen to be Light Rail. The use of funds noted herein to be
implemented will be in accordance with the BRI Plan and the Cost Share
Agreement.
33
Page 3 of 9
34
5. LOCAL FUNDING FOR BUS SERVICE:
a.
1. In accordance with the non-supplantation mandate set out in NCGS
105-510 the parties to this Agreement agree to maintain the equivalent
hourly service and associated dollar amount of non-sales tax local transit
investment at or above the level budgeted on Auaust 1, 2009. To meet
this expectation, a financial report (detailing the amount of non-sales local
tax money spent and verifying that at least hours and $
was spent) will be produced annually by TTA. Through
separate agreement TTA shall require Chapel Hill Transit to produce such
annual financial report. Orange shall require Orange Public
Transportation to produce such annual financial report.
2. The Parties acknowledge that the majority of service and non-sales tax
funds will come from existing sources as detailed in table 4.1 during the
initial years of BRI Plan implementation.
3. A full description of each transit provider's fixed bus route summary is
required to establish baseline existing services. Associated services and
capital (i.e. bus stops, etc.) should be' included as well as funding sources
New and expanded routes will either develop a new bus route description
and/or note the expansion of existing route and the associated bus hours.
4. The Parties acknowledge that in future years of BRI Plan
implementation the use of new funds as authorized in Articles 43, 50 and
51 of NCGS Chapter 105 will be initialized as formulated in the BRI Plan
but may be reapportioned, through an amendment to this Agreement,
based on population and as determined by the BOCC and advised by the
Advisory Board of the Oran:ge County Transit Plan Partnership. See table
4.2 and 4.3. :
Table 4.1
Entity Au ust 1, 2009 Fundin Level
Chapel Hill Transit Hours Dollars
• Town of Cha el Hill
• Town of Carrboro
• UNC
Orange Coun Hours Dollars
Trian le Transit Hours Dollars
5. Bus hours shall be apportioned as follows:
6. Each provider retains authority to modify existing routes within these
parameters. Minor modifications to existing routes, including but not
limited to alterations of stop locations, roads travelled befinreen stop
locations, or route extensions consisting of less than one mile in distance,
shall not entitle any provider to utilize Article 43 revenues for those routes.
Page 4 of 9
35
b. Apportionment of County Vehicle Tag Fee Monies for Existing
Service
Apportionment of funds for existing services will be as follows:
Orange County Population Distribution (Census 2010)
Table 4.2
Areas Po ulation Percenta e Hours Dollars
Cha el Hill 54,397 40.66%
Carrboro 19,582 14.64%
Chapel Hill-Carrboro
Subtotal
73,979
55.29%
Unincorporated
Oran e Coun
51,942
38.82%
Hillsborou h : 6;087 4.55%
Mebane 1,793 1.34%
Rural/Central Orange
Area Subtotal
' 59,882
44.71 %*
Orange County
Total Population
133,801
100%
The Parties acknowledge that 75.6 percent'of vehicle tax revenues will be
used to support existing service. This percentage is equivalent to
approximately 6000 hours and/or $582,000. The; remaining vehicle tag
revenue equates to approximately 1938 hours and/or $187,986. The
BOCC may distribute its share of monies to other transit providers as it
determines by resolution.
c. Apportionment of'/2 cent transit sales tax and other revenue sources
not outlined in 5(a) and 5(b) above to support new and expanded
services
' This referenced system is used in the levy of the "Local Government Sales
Use Tax" to allocate monies from the Secretary of State to TTA as shown
to support new and expanded transit services in an area and region to the
service provide~ of the specific route. The BOCC will be responsible to
designate providers or prioritize routes for regional (multi-county), or
intercity (e:g!. Hillsborough to CHT area) route decisions.
Page 5 of 9
36
Table 4_3
Enti (2012 Estimate)
Hours
$ Amount **
2035
Total
Less Su port Existin Service
Remainin 40,950
6,000
34,950 $3,972,150
$582,000
$3,390,150
Oran e Count R, H, M/D)
Trian le Transit
- Re ional and intercit
OC/TTA Subtotal
Cha el Hill Transit CH,C,UNC
CHT Subtotal
2018
Total 34,65D $3,361,050
Less Su ort Existin Service
Remainin 6,000`
28,650 $582,000
$2,779,050
Oran e Count R, H; M/D
Trian le Transit
- Re ional and intercit `
OC/TTA Subtotal
Chapel Hill Transit (CH,C,UNC
CHT Subtotal
,2016
Total 28,350 $2,749,950
Less Support Existin Service 6,000 $582,000
Remainin 22,350 $2,167,950
: Oran e Count'` :(R, H, M/D
Trian le Transit
- Re ional and intercit
OCITTA Subtotal::
Cha el Hill Transit CH,C,UNC
CHT Subtotal'
** Assumed at $97/hour
CH = Chapel Hill, C= Carrboro, H= Hillsborough, M= Mebane, D= Durham,
R= Rural, UNC = University of North Carolina
Page 6 of 9
37
6. PERFORMANCE OF TRANSIT: The Parties agree that every effort will be
made to ensure that provided transit services are safe, reliable, and efficient.
TTA, as the implementing agency, shall report annually to the Commissioners
and the MPO on progress towards implementation of the BRI Plan. At a
minimum, transit services will be evaluated annually by transit providers and
reported to the BOCC and the Orange County Transit Plan Partnership Advisory
Board. These periodic evaluations will be a collaborative and cooperative
process between the jurisdictions receiving transit service and the transit service
providers with a goal of making services successful from both a coverage and
market objective. The Parties will make available to the public an annual report
detailing costs, expenditures, and the status of the implementation of the BRI
Plan.
a. The BOCC, with an advisory recommendation from the Orange County
Transit Plan Partnership Advisory Board,. may utilize the transit service
performance standard guidelines (urban,'rural and demand response) and
ridership trend data to make a de~ermination as to whether any changes to
transit services are warranted from monies related to new and expanded
service. PerFormance guidelines will be jointly deueloped and agreed to by the
BOCC and transit providers. Such guidelines shall be developed within two
years of the effective date of this Agreement. ,
b. Transit providers shall be reimbursed for providing transit services as follows:
1. ,
7. BRI PLAN ALTERNATIVES
a. If, during the term of this Agreement, state and/or federal funds to be used for
the LRT Project are cancelled, terminated, withdrawn, or otherwise become
unavailable for the LRT Project, the Parties agree the funds generated by the
sales tax levied pursuant to; NCGS 105-509 and any other funds collected for the
LRT Project shall be re-allocated through the process set forth below:
1. If the New Starts application for the LRT Project in accordance with the
Locally Preferred Alternative is unsuccessful then a re-analysis of the
cost-share agreement and new proposal must be accomplished before
a new initiative is undertaken. The timeframe to determine success is
five years from the effective date of this Agreement. This provision
shall be reviewed annually.
2.
8. TERM AND TERMINATION
a. The term of this Agreement shall be from the date first above recorded to and
including June 30, 2035. Upon its expiration the Agreement may be renewed
upon mutual agreement of the Parties for successive three-year terms.
b. The Agreement may be terminated upon mutual agreement of the Parties or
by either of the Parties upon a material breach by the other Party.
Page 7 of 9
38
9. OPERATION OF THIS AGREEMENT
Except to the extent provided otherwise in this Agreement, it is agreed that the
Orange County Manager shall designate persons to carry out Orange County's
obligations under this Agreement and the General Manager of TTA shall
designate persons to carry out TTA's obligations under this Agreement.
10.AMENDMENTS AND OTHER ASPECTS FOR THE IMPLEMENTATION OF
THE BRI PLAN
a. The BRI Plan shall be reviewed and amended as may be necessary
subject to the following provisions:
1. Review of the BRI Plan for efficiency and effectiveness by
transportation staff for Orange shall occur every two years.
2. Orange transportation staff and/or the Orange County Transit Plan
Partnership may recommend amendments to the BRI Plan as they
deem appropriate.
3. The Parties shall review such recommendations and take such action
as may be needed to amend the BRI Plan.
4. Review may, but is not required to, be based upon material changes
in revenues such as an increase or decrease greater than three
percent (3%), material changes in costs such as an increase or
decrease greater than' three percent (3%), or material changes in bus
service priorities or, bus services funded by the BRI Plan.
5. Any amendment or renewal of this Agreement must be in the form of
a written instrument approved by the governing Boards of the Parties.
b. Neither this agreement nor the BRI Plan shall be effective until a
referendum regarding the imposition of the % cent transit tax is passed by
" the voters of Orange County. Upon such passage of a referendum
:' regarding-the imposition of the % cent transit tax:
: 1. This Agreement becomes effective.
2. The BOCC'may vote to impose the seven dollar County Tag Fee.
3. The governing Board of TTA may vote to increase the TTA based tag
fee,by three dollars.
4. The BOCC may by resolution authorize TTA to proceed with % cent
tax levy as set forth in the Orange County Tax Levy Agreement.
11. GOVERNING LAW
This Agreement shall be governed by and in accordance with the laws of the
State of North Carolina. All actions relating in any way to this Agreement shall be
brought in the General Court of Justice in the County of Durham and the State of
North Carolina.
Page 8 of 9
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IN WITNESS WHEREOF, the Parties have approved this Agreement and have
caused it to be signed by the Chair of the Orange County Board of County
Commissioners, attested to by the Clerk of the Orange County Board and by the
General Manager of TTA and it is effective as of the year and day first written above.
Orange County
By:
Bemadette Pelissier, Chair
Board of County Commissioners
Authority
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40
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Attachment 4 4 y
INTERGOVERNMENTAL AGREEMENT
ORANGE COUNTY AND TRIANGLE TRANSIT
LEVY OF TRANSIT SALES TAX
An INTERGOVERNMENTAL AGREEMENT ("Agxeement") dated
between the Research Triangle Regional Public Transportation Authoxity, d/b/a Triangle TYansit
("TTA"), a three countp xegional transporta.tion authoxity oxganized puxsuant to NCGS Chapter
160A et seq., and Oxange Countq ("County"), a political subdivision of the State of North Carolina.
TTA and the County may be collectively refeYred to (togethex the "Patties'~.
WITNESSETH:
WHEREAS, the County and TTA, have detexmined that it is in the best intexest of Orange
County citizens for them to cooYdinate the planning, construction and expansion of public transit
services in order to provide efficient and effectively li.nked teansit sexvices to the xesidents of, the
employees and employers in, and the visitors to the Orange County axea; and
WHEREAS, the Parties have determined that an effic,ient and effective transit spstem is
crucial, in concext with other transportation, land use, and economic development initiatives, to
maintain a high quality o£ life, appropriately to support futuxe development, and to provide
transpoxtation options to the current and future xesidents, employees and employexs of the Orange
County area; and
WHERFAS, the Parties understand that new countp-wide tax levies authorized bp the Noxth
Caxolina General Assembly in NCGS Chapter 105, Atticle 43 ("Article 43") will be paid by residents
and businesses in all locations within the County; and
WHEREAS, these Article 43 tax levies should be invested to the highest degree possible so
that the return on investtnent accrues to Orange County's quality of life, tax base, and Yetail sales
proceeds, which can create long term financial sustainability for public transit; and
WHEREAS, this Agteement is entered into pursuant to the authority granted bp NCGS
ChapteY 160A, Axticle 20.
NOW THEREFORE, in consideration of the mutual covenants and assurances contained
hexein, and the mutual benefits to result therefxom, the Parties agree as follows:
1. That this Agreement does not indicate appYOVaI of the Orange County Bus and Rail
Investment Plan ("Orange BRI Plan") by the Oxange County Boaxd of County
Commissionexs ("Orange BOCC'~.
2. That this Agteement does not requixe or bind the Otange BOCC to appxove, set or schedule
a referendutn foY voter approval of a transit sales tax.
3. TTA agrees that it will not levy the transit sales tax in Oxange County pursuant to Article 43
unless the Orange BOCC by Resolution requests TTA to levy this tax.
IN WITNESS WHEREOF, the Paxties have approved this Agxeement and have caused it to
be signed bp the Chaix of the Orange County Board of Countp Commissionexs, attested to by the
42
Clexk of the Orange County Boatd, and bp the General Manager of TTA, and it is effective as of the
yeax and day first written above.
Orar~ge County
By:
Attest:
Bemadette Pelissier, Chair Clerk
Board of County Commissioners
Research Triangle Regional Public Transportation Authority
By:
Genexal Manager
Approved as to legal form:
Genexal Counsel