HomeMy WebLinkAboutAgenda - 12-05-2016 - 7-d - Durham-Orange Light Rail Transit Project – Proposed Non-Binding Memorandum of Understanding 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 5, 2016
Action Agenda
Item No. 7-d
SUBJECT: Durham-Orange Light Rail Transit Project— Proposed "Non-Binding"
Memorandum of Understanding
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
Proposed "Non-Binding" Memorandum of Bonnie Hammersley, Orange County
Understanding Manager, 919-245-2300
Jeff Mann, GoTriangle General
Manager, 919-485-7424
PURPOSE: To consider approving a proposed "non-binding" memorandum of understanding
with GoTriangle agreeing to cooperate with the municipalities within the County and to work
together to identify potential additional funding mechanisms to directly support the D-O LRT
Project.
BACKGROUND: At its November 15, 2016 meeting, the Board of County Commissioners
(BOCC) received a presentation from GoTriangle staff that included the status of the D-O LRT
project, proposed extension to North Carolina Central University (NCCU), and state, federal,
and local funding changes. The BOCC endorsed the extension of the D-O LRT project to
NCCU, but deferred any action to cooperate with municipalities in the County and to work
together to identify, develop, and implement additional funding mechanisms to directly support
the D-O LRT Project to a future meeting.
An Orange County Assembly of Governments Meeting was held November 17, 2016 among the
BOCC and Towns of Carrboro, Chapel Hill, and Hillsborough. At this meeting, GoTriangle
presented the information previously shared with the BOCC to the larger group. There was
considerable discussion among the group of attendees regarding the importance of the project,
the increased local cost if the project were to move forward, and timeline for actions.
Recent guidance from the Federal Transit Administration (FTA) indicates that the D-O LRT
project must enter the Final Design phase by February 2017. In order to meet this milestone,
GoTriangle needs the BOCC to approve the attached "non-binding" proposed memorandum of
understanding this month.
In the future, items for BOCC consideration include:
April 2017 — Amendments to the Orange County Bus and Rail Investment Plan (OCBRIP);
and
June 2018 — Decision to commit any local funds included in the financial plan (OCBRIP).
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Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Actions — At its December 14
meeting, the MPO Board will consider two separate amendments related to the extension of the
D-O LRT Project to NCCU: 1) The extension needs to be included in its Locally Preferred
Alternative (LPA) and 2) The extension needs to be included in its 2040 Metropolitan
Transportation Plan (MTP).
OCBRIP Amendments — Discussions are currently ongoing with a Staff Working Group to
review and update the OCBRIP financial assumptions and associated services. GoTriangle is
also working with a Funding and Community Collaborative to help identify revenue sources to
close the funding gaps. The OCBRIP amendments will need to be approved by the three
parties (Orange County, DCHC MPO, and GoTriangle) to the Interlocal Implementation
Agreement.
FINANCIAL IMPACT: There is no cost associated with considering the "non-binding" proposed
memorandum of understanding with GoTriangle agreeing to cooperate with the municipalities
within the County and to work together to identify potential additional funding mechanisms to
directly support the D-O LRT Project. Decisions that result from that possible cooperation and
working together may have financial impacts on the County.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this agenda item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
Public Transportation provides opportunity for access to jobs and services to many individuals.
RECOMMENDATION(S): The Manager recommends the Board consider approving the
attached proposed "non-binding" memorandum of understanding and, if approved, authorize the
Chair to sign the document.
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MEMORANDUM OF UNDERSTANDING
RESEARCH TRIANGLE REGIONAL
PUBLIC TRANSPORTATION AUTHORITY D/B/A GOTRIANGLE
AND
ORANGE COUNTY, NORTH CAROLINA
THIS MEMORANDUM OF UNDERSTANDING(MOU) is made and entered into on the last date
executed below, by and between the Research Triangle Regional Public Transportation Authority
d/b/a GoTriangle(GoTriangle) and Orange County, North Carolina (Orange County). (As used in this
MOU, GoTriangle or Orange County may be referred to individually as a "party" and collectively as the
"parties.")
RECITALS:
WHEREAS,GoTriangle,in conjunction with the Federal Transit Administration(FTA),is designing the
Durham-Orange Light Rail Transit (D-O LRT) Project;and
WHEREAS, the FTA issued its Record of Decision (ROD) for the D-O LRT Project on February 11,
2016. As set forth in the ROD, the D-O LRT Project is a 17-mile, 17-station light rail transit service
which will provide connections between UNC Hospitals, the UNC campus, the William and Ida Friday
Center for Continuing Education, Patterson Place, the South Square area, Duke University,the Duke
University and Durham Veterans Affairs Medical Centers, downtown Durham, and east Durham; and
WHEREAS, Orange County is a stakeholder in the D-O LRT Project and participates in
coordination activities with GoTriangle; and,
WHEREAS, the D-O LRT Project will benefit the community by providing accessible transit
service and a competitive and reliable alternative to congested roadways that seamlessly serves many
popular destinations in Durham and Chapel Hill; providing residents with better access to jobs,
education and healthcare; and fostering growth, compact development, and economic development
along a high-capacity transportation network. New development around station areas will create
thousands of jobs and add millions of dollars in annual state and local revenue; and
WHEREAS, the parties recognize the importance of the D-O LRT Project to Orange County,
Durham County,the Research Triangle region, and the people of the State of North Carolina; and
WHEREAS, the State of North Carolina has constrained the available funding mechanisms for
light rail transit projects; and
WHEREAS, Orange County acknowledges that additional non-federal funding sources must be
identified and secured in order to successfully complete the D-O LRT Project; and
WHEREAS, Orange County supports the D-O LRT Project as an advancement of the interests of
the Orange County and general community; and
WHEREAS, Orange County wishes to support the development of the D-O LRT Project in
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accordance with the terms of this MOU.
NOW,THEREFORE,the parties hereto,each in consideration of the promises and undertakings
of the other as herein provided,do hereby covenant and agree, each with the other, as follows:
1. Subject to and contingent upon any authorizations required by Orange County,
including the Orange County Board of Commissioners, Orange County agrees to cooperate with the
municipalities within the county and to work together to identify potential additional funding
mechanisms to directly support the D-O LRT Project.
2. If changes or revisions are needed to this MOU, a Supplemental MOU will be
prepared. No modification to this MOU shall be effective unless agreed to in writing by the parties.
3. The parties acknowledge that this MOU does not create an enforceable fiscal
obligation. Any legally binding obligation with respect to any identified additional funding
mechanisms is subject to the execution of a formal agreement between the parties.
4. To the extent authorized by applicable law and without waiving any immunities,each
party shall be responsible for its respective actions under the terms of this MOU and save harmless
the other party from any claims arising as a result of such actions.
5. All terms of this MOU are subject to available federal and state funding and fiscal
constraints.
6. This MOU contains the entire agreement between the parties related to the subject
matter herein and there are no understandings or agreements,verbal or otherwise, regarding this
MOU,except as expressly set forth herein.
7. Each party represents that the individual executing this MOU on its respective behalf
is authorized to execute this MOU on its behalf and that the party has read this MOU,conferred with
legal counsel, and fully understands its contents.
8. A copy or facsimile copy of the signature of any party shall be deemed an original with
each fully executed copy of the MOU as binding as an original, and the parties agree that this MOU
can be executed in counterparts,as duplicate originals,with facsimile signatures sufficient to evidence
an agreement to be bound by the terms of the MOU.
INTENTIONALLY LEFT BLANK. CONTINUED ON PAGE FOLLOWING.
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IN WITNESS WHEREOF, this MOU has been executed, in duplicate originals, on the part of
GoTriangle and Orange County by authority duly given.
ATTEST: RESEARCH TRIANGLE REGIONAL PUBLIC
TRANSPORTATION AUTHORITY D/B/A GOTRIANGLE
BY: BY:
TITLE: TITLE:
DATE:
Remittance Address:
GoTriangle
Jeffrey G. Mann
General Manager
PO Box 13787
Research Triangle Park, NC 27709
ATTEST: ORANGE COUNTY, NORTH CAROLINA
BY: BY:
TITLE: TITLE:
DATE:
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