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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/23/2004 - DISCUSSION OF RTA ISSUES IN PREPARATION FOR FORT C DATE: March 23, 2004 STUDY SESSION ITEM STAFF: Kurt Kastein/Ron Phillips FORT COLLINS CITY COUNCIL Steve Roy SUBJECT FOR DISCUSSION Discussion of RTA Issues in Preparation for Fort Collins/ioveland/Larimer County Joint Meeting in April. BACKGROUND The Colorado Statutes provide a mechanism whereby counties and/or municipalities may enter into an intergovernmental agreement("IGA")for the purpose of forming a rural transportation authority to finance, construct, operate and maintain regional transportation systems within or without the boundaries of the Authority. Any such agreement and/or tax funding must be approved by a majority vote of registered electors voting on the issue within the boundaries of the proposed Authority. On August 20, 2002, the City Council passed Resolution 2002-079 (see Attachment B). This resolution authorized the City's participation in discussions regarding the formation of the North Front Range Rural Transportation Authority("RTA")and appointed Councilmember Kurt Kastein and City Manager John Fischbach to serve as City representatives in such discussions. Representatives from ten other northern Colorado municipalities and two counties in northern Colorado have participated in the discussions,which were conducted through a Policy and Oversight Committee. Attorneys from the various entities that considered participating in the Authority also met periodically to discuss legal issues related to the formation of the Authority and to draft a proposed IGA. The statutes provide that any intergovernmental agreement seeking to establish a rural transportation authority must be submitted to the registered electors residing within the boundaries of the proposed Authority and must be approved by a majority of those registered electors voting in order for the Authority to be created. At a Study Session on April 22, 2003, the City Council discussed a number of issues related to a possible IGA and, in particular, discussed whether it would be willing to consider an IGA which required all entities signing the IGA to participate as long as a majority of the electors within the boundaries of the proposed RTA approved the agreement, regardless of whether a majority of the electors within a City approved the IGA. At that time,the Council directed its MPO representatives to take the position that the City Council would need to see a complete draft of the IGA before deciding whether such a"no opt-out"provision would be acceptable. Subsequently,the Policy and Oversight Committee of the RTA met on June 26,2003,to discuss several important features of the draft IGA ,including the"no opt-out"provision. Direction was given at that meeting by the Policy and Oversight Committee to the attorneys involved in the project, and that direction resulted in a draft IGA (see Attachment Q. March 23, 2004 Page 2 The features of the draft IGA that were reviewed by the Policy and Oversight Committee were discussed by the City Council at a study session in late August 2003, along with the NFRTA Preliminary Recommendations prepared by the MPO staff and their consultants.That discussion was to help determine what the position of the City of Fort Collins was with regard to the IGA. A summary of those positions called"NRFTA Issues/NRFTA Preliminary Recommendations and City of Fort Collins Response as of August 2003" is attached for your reference and information (see Attachment D). A joint meeting between the Fort Collins City Council and the Loveland City Council was subsequently held where these issues were further discussed. There was a significant difference between the two Councils with Fort Collins suggesting that the transit percentage share of the RTA funds should be 50%, and Loveland suggesting the transit share should be much lower. As a result of that discussion, the MPO has seemed to slow down the preparations for a possible regional vote in November 2004. On February 11, 2004, the Loveland City Council invited the Fort Collins City Council to meet in Loveland to discuss a number of transportation funding issues including the RTA and the MPO. Also invited were Bill Kaufman, Transportation Commissioner, Tom Norton, CDOT Executive Director,Glenn Gibson,MPO Chair and Larimer County Commissioner,and Glen Vaad,immediate past MPO Chair and Weld County Commissioner. At this meeting, Commissioner Gibson mentioned that the two counties were discussing the possibility of forming an RTA on their own which they believed could be accomplished without a vote of the people. The RTA issue is anticipated to be a discussion item on the agenda of the upcoming Fort Collins/Loveland/Larimer County joint meeting scheduled for April 29, 2004. In preparation for this meeting, the City Council will be determining if any of the positions taken last year should be adjusted or modified in light of occurrences and actions over the last few months. For your information,the provisions of the draft IGA as recommended by the Policy and Oversight Committee in August 2003 are summarized below: • The draft IGA has no provision for withdrawal of the members once the IGA is signed by the members and a favorable vote occurs (the "no opt-out" provision). • The`Baseline Funding"in Section VII.A.consists of a sales tax of.5%for 10 years. These numbers are a starting point for discussion and may be changed for the final draft. • The Policy and Oversight Committee expressed no desire to fund the RTA with a visitor benefit tax; however,Section VII.C. describes this method of financing as an option which may be exercised later upon approval by the Board of Directions and the voters. • Section VII.D. states how the motor vehicle registration fee may be approved by the RTA board of directors, and provides for a two-meeting process upon published notice to allow for public input. March 23, 2004 Page 3 • Section I.B.22 sets forth a new definition for "Voter Approval Transportation Project." The intent is that the ballot language which will be stated in Exhibit`B" will list certain projects for voter approval. Note that Section II.B.requires all Voter Approved Transportation Projects to be completed first, and Section XI.C. requires that the Board of Directors may not amend the 20 Year Master Plan("Master Plan") to eliminate any Voter Approved Transportation Projects. • Section I.B.7.sets forth the definition of"Authorized Transportation Projects." They consist of those projects approved by the voters, or by a 2/3 vote of the Board. Authorized Transportation Projects are included on the Master Plan. • Section VII.H. addresses the issue of"share back." Revenue to the Authority would be split evenly between a "general fund" and a "share back fund." Monies in the "general fund" would be spent at the discretion of the RTA Board. Revenue in the "share back fund"would be apportioned to each member according to the member's population as a percentage of the Authority's population, which could then be spent by such member at its discretion for Authorized Transportation Projects. • Section I.B.10. requires that each director be an elected official and the representative on the MPO board of the appointing member. • Section I.B.4. and M.C. contemplate the appointment of alternate directors. • Section III.E. states that the directors and alternate directions serve until they are replaced by their appointing members, unless they are removed pursuant to Section III.F. • Section III.H. states that directors and alternate directors are not to be compensated, but may be reimbursed for their expenses incurred in performing RTA business. • Section III.I. states that the method of voting is by a majority of a quorum of the directors. There is no provision for a weighted vote. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The matrix that is included as Attachment A lists key issues and summarizes the positions of the participating cities and counties. In preparation for the joint Loveland/Fort Collins/Larimer County Meeting on April 29,Council is asked to review its positions with respect to these unresolved issues and determine if any changes are warranted at this time. The issues include: • Opt-out provision (unresolved) • Sales tax rate (unresolved) • Motor vehicle registration (resolved) • Shareback (unresolved) • Weighted vote (concept ok; use for I-25 projects disputed) March 23, 2004 Page 4 • Specified list of projects (resolved) • Transit/road share of RTA funds (unresolved) ATTACHMENTS A. Matrix: Unresolved Key Issues Relating to the Northern Colorado Rural Transportation Authority Intergovernmental Agreement B. Resolution 2002-079 C. Draft Intergovernmental Agreement D. 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Q ° o m .0 o b a Cy -0 � H � cC; � N otiaa °' d o � En C J7 �i Attachment B RESOLUTION 2002-079 AUTHORIZING CITY PARTICIPATION IN DISCUSSIONS OF A PROPOSED INTERGOVERNMENTAL AGREEMENT RELATING TO THE POTENTIAL CREATION OF A NORTH FRONT RANGE RURAL TRANSPORTATION AUTHORITY (RTA) AND APPOINTING TWO REPRESENTATIVES OF THE CITY TO PARTICIPATE IN SUCH DISCUSSIONS WHEREAS, the City Council is authorized under §43-4-601 of the Colorado Revised Statutes and Article XIV, §18(2)(a) of the Colorado Constitution to enter into an intergovernmental agreement with a combination of other municipalities and counties to agree to form a rural transportation authority by taking the question to a vote of the people; and WHEREAS, a rural transportation authority has the power and authority to finance, construct, operate, and maintain rural transportation systems within or without the boundaries of such authority; and WHEREAS, ten municipalities and two counties in northern Colorado have expressed a desire to participate in discussions pertaining to a possible intergovernmental agreement to create the framework for a North Front Range Transportation Authority and to present the question of establishing such an authority to the voters; and WHEREAS, the City Council wishes to participate in such discussions; and WHEREAS, the approval of resolutions of intent to participate in such discussions is necessary to better inform all elected officials in the North Front Range of the NFRTA initiative and to begin the public participation process throughout the region and within each community along the North Front Range. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City, through the representatives named in Section 2 below, is hereby authorized to participate in discussions of a possible intergovernmental agreement to create the framework for a North Front Range Transportation Authority. Section 2. That Councilmember Kurt Kastein and City Manager John Fischbach are hereby appointed to participate in such discussions on behalf of the City, with any agreements or actions to be taken by the City with regard to the formation of such an authority to be subject to the direction and final approval of the City Council. Passed and adopted at a regular meeting of the City Council held this 20th day of August, A.D. 2002. ayor A EST: i"ki City Clerk ATTACHMENT C RTHERN COLORADO RURAL TRANSPORTATION AUTHORITY ONAr INTERGOVERNMENTAL AGREEMENT -OPT�ms NORTHERN COLORADO RURAL TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT(this "Agreement')is entered into by and among the CITY OF EVANS, COLORADO; the CITY OF FORT COLLINS, COLORADO; the CITY OF GREELEY, COLORADO; the CITY OF LOVELAND, COLORADO; the COUNTY OF LARIMER,COLORADO;the COUNTY OF WELD,COLORADO; the TOWN OF BERTHOUD, COLORADO; the TOWN OF GARDEN CITY, COLORADO; the TOWN OF JOHNSTOWN, COLORADO; the TOWN OF MILLIKEN, COLORADO; the TOWN OF TIMNATH,COLORADO; and the TOWN OF WINDSOR,COLORADO, by and through their respective governing bodies ("Governing Bodies'), whose addresses are set forth below(the "Initial Signatories"). RECITALS WHEREAS,pursuant to Title 43,Article 4,Part 6,Colorado Revised Statutes, as amended (the "Act'), Colorado counties and municipalities are authorized to establish, by contract, rural transportation authorities, which, upon the satisfaction of the conditions set forth in Section 11.A., hereof, are authorized to finance,construct, operate and maintain rural transportation systems; and WHEREAS,pursuant to Title 29,Article 1,Part 2,Colorado Revised Statutes,as amended (the "Intergovernmental Relations Statute'); and Article XIV, Section 18 of the Colorado Constitution,governments may contract with one another to provide any function,service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, the Initial Signatories are counties and municipalities located in northeastern Colorado that desire to form a rural transportation authority pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating and maintaining rural transportation systems consisting of the Authorized Transportation Projects described herein; and WHEREAS, the North Front Range region are expected to see vehicle miles traveled ("VMT") increase from 11 million daily VMT to 25 million daily VMT by the year 2025; and WHEREAS, residents of the North Front Range are utilizing the regional road network to travel for their employment,shopping and medical needs; and WHEREAS,estimated transportation revenues for the North Front Range area are just over $1 billion dollars; creating an estimated$1.9 billion dollar shortfall for transportation projects and services on regionally significant corridors; and 1 1 ) f WHEREAS, state transportation budgets are experiencing similar funding shortfalls; and- WHEREAS, a regional funding source could apply dollars to local, county and state transportation-improvements to help lessen the shortfall; and WHEREAS,a regional funding source could generate dollars for an improved"local match," which could strengthen partnerships with CDOT, the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration; and WHEREAS, the proposed North Front Range Transportation Authority ("NFRTA') is projected to raise$18 to $30 million dollars on an annual basis; and WHEREAS, 20-year regional population projections indicate that improved and expanded regional transportation will be even more necessary in the future to reduce automobile congestion, maintain the quality of life and preserve the environment; and WHEREAS, current funding mechanisms are inadequate to maintain and improve regional transportation; and WHEREAS, the Initial Signatories desire to enter into this Agreement for the purpose of benefitting the general health,safety and welfare of the inhabitants of each of the Initial Signatories; and WHEREAS,various drafts of this Agreement have been reviewed by and refined based on comments received from and extensive discussions with the Governing Bodies and citizens who participated in a series of public hearings held throughout Northern Colorado. NOW,THEREFORE, for and in consideration of the mutual covenants set forth below,the Initial Signatories hereby agree as follows: I. DEFINITIONS. A. Definitions from the Act The following terns shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: "Bond," "Construct," "Construction,""County,""Municipality,""Person,""Rural Transportation Activity Enterprise,""Rural Transportation System,"and"State." B. Other Definitions terms The following tes shall,when capitalized,have the following meanings: 1. "Act"is defined in the Recitals hereto. 2 i j I j 2. "Advisory Committee"means two or more persons appointed by the Board pursuant to Article IV, hereof, for the purpose of providing advice to the Board. 3. "Agreement'means this Northern Colorado Rural Transportation Authority Intergovernmental Agreement,as amended from time to time in accordance with the terms hereof. 4. "Alternate Director"means any person appointed as an Alternate Director, pursuant to Section III. C., hereof. 5. "Authority" means the North Front Range Rural Transportation Authority ("NFRTA'), a separate political subdivision of and body corporate of the State of Colorado, established pursuant to this Agreement as a rural transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. 6. "Authority Sales Tax"means a sales tax levied by the Authority in all or any designated portion jurisdictional boundaries of the Members, in accordance with Section 605(1)(i)of the Act. 7. "Authorized Transportation Project'means any rural transportation system appearing on the Authority's Twenty(20)Year Master Plan,either approved by the registered electors of the Authority("Voter Approved Transportation Project'), or approved by a two-thirds(2/3)vote of the Board, according to the provisions of Section H.B.,hereof,as such Master Plan may be amended from time-to-time in accordance with Article M.,hereof. 8. "Board'means the Board of Directors of the Authority. 9. "Boundaries" means the boundaries of the Authority determined in accordance with Appendix A hereto, as such Appendix and term may be amended from time-to-time in accordance with Article XI. B.,hereof. 10. "Director"means any person appointed as a Director pursuant to Section III. D:,hereof. Each director shall be an elected official of his or her respective Member's Governing Body and shall be such Governing Body's ' representative on the board of the North Front Range Metropolitan Planning Organization. Whenever the person appointed as a Member's Director pursuant to Section III.D.,hereof,is absent from a Board meeting,the term "Director" shall mean the Alternate Director, if any, appointed by such Member pursuant to Section III. C.,hereof 3 11. "Division of Local Government"means the Division of Local Government in the State Department of Local Affairs. 12. "Governing Body" means, when used with respect to a Member, the city council,board of trustees,board of commissioners or other legislative body, as appropriate,of such Member. 13. "Initial Authority Sales Tax" means the Authority Sales Tax described in Section VII. A.,hereof. 14. "Initial Boundaries"means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article II., hereof, as such Initial Boundaries are determined in accordance with Appendix A hereto. 15. "InitialMembers"means the Initial Signatories who become Members on the date on which the Authority is established,pursuant to Section II.A. and G., hereof. 16. "Initial Signatories" means the Municipalities and Counties that are signatories to this Agreement in its original form. 17. "Intergovernmental Relations Statute"is defined in the Recitals hereto. 18. "Member" means (a) the Initial Members, and (b) the State or any Municipality or County that becomes a member of the Authority,pursuant to Section VIII.,B.,hereof. 19. "Motor Vehicle Registration Fee"means a fee of not more than ten dollars for each motor vehicle registered with the clerk and recorder of the appropriate County bypersons residing in all or any designated portion of the Members oftheNFRTA,in accordance with Section 605(1)(i)of the Act and - Section VII.D., hereof. 20. "Office?" means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority,and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. 21. "Visitor Benefit Tax"means a visitor benefit tax levied by the Authority in all or any designated portion of a Member in accordance with Section 605(1)(i.5)of the Act and Section VI(. C., hereof. 22. "Voter Approved Transportation Project"means any rural transportation system appearing on a twenty (20) year master plan approved by the registered electors of the Authority. The rural transportation system detailed 4 in the attached Exhibit `B" shall be considered Voter Approved Transportation Projects. The priority,timing,scope,design and cost of Voter Approved Transportation Projects shall be determined by the Board. II. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS. A. Establishment. The NFRTA shall be established as a separate political subdivision and body corporate of the State of Colorado pursuant to the Act and as a separate legal entity created by a contract among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of each of the following conditions: 1. Each Initial Member: (i)has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3)of the Act,and(ii)has executed this Agreement(which execution shall constitute a representation by such Initial Member to the other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement). 2. This Agreement has been approved by a majority of the registered electors residing within the Initial Boundaries of the Authority at the time of the election who voted in a general election or special election called for such purpose in accordance with Section 603(4) of the Act, no later than November 2, 2004. Said voter approval shall be determined based on the votes cast on the ballot question set forth in Appendix `B" attached hereto, pursuant to Sections 11. E. and U. F., hereof. 3. The Director of the Division of Local Government has issued a certificate pursuant to Section 603(1)of the Act,stating that the Authority has been duly organized according to the laws of the State of Colorado. B. Twenty(20)Year Master Plan. The Authority's Twenty(20)Year Master Plan shall consist of all Voter Approved Transportation Projects and any other Authorized Transportation Projects approved by a two-thirds (2/3) vote of the Board. Such Master Plan may be amended from time-to-time in accordance with Article M., hereof-, provided,however,that no voter approved transportation project should be removed from the Master Plan by the Board. The priority,timing,scope,design and cost of all Authorized Transportation Projects shall be determined by the Board and set forth in the Master Plan;however, all Voter Approved Transportation Projects shall be completed prior to all other Authorized Transportation Projects detailed in the Master Plan. 5 C. Purpose. The purpose of the Authority is to finance,construct,operate and maintain an efficient, sustainable and regional multi-modal transportation system at any location or locations within or without the Boundaries of the Authority, subject to compliance with the Act and with the terms of this Agreement. D. Boundaries. The Initial Boundaries of the Authority shall be determined in accordance with Appendix "A" attached hereto. The Initial Boundaries may be _ hereinafter amended pursuant to the provisions of Section M.B.,hereof. E. Voter Approval. The Initial Signatories agree to submit ballot questions seeking voter approval of the establishment of the Authority, the baseline funding of the Authority in accordance with Article VII hereof and the "de-Brucing" of certain Authority revenues, at an election held on November 2, 2004,that is conducted in accordance with the Act and other applicable law. The ballot question to be submitted is attached hereto as Appendix `B," and shall be submitted to all of the registered electors residing within the Initial Boundaries. F. Elections. The Governing Body of each of the Initial Signatories shall take all actions necessary to submit such question to the appropriate electors at the November - 2, 2004,election,but may modify the ballot question submitted by it in any manner that is not inconsistent with the terms of this Agreement. The designated election official for Berthoud,Fort Collins, Loveland, and Unincorporated Larimer County shall be the Larimer County Clerk and Recorder. The designated election official for Evans, Garden City, Greeley, Johnstown, Milliken, Unincorporated Weld, and Windsor shall be the Weld County Clerk and Recorder.Each Initial Signatory shall pay the costs of conducting the November 2, 2004, election within its boundaries. For purposes of allocating such costs, costs allocable to electors who reside in a Municipality shall be allocated to the Municipality in which they reside and costs allocable to electors who reside in unincorporated areas shall be allocated to the County in which they reside. G. Initial Members. The Initial Signatories shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement. III. BOARD OF DIRECTORS. A. Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate any of its powers to any Director, Officer, employee or agent of the Authority. 6 B. Directors. The Board shall be composed of one Director appointed by each Member. Each director shall be an elected official of his or her respective Member's Governing Body and shall be such Governing Body's representative on the board of the North Front Range Metropolitan Planning Organization. C. Alternate Directors. In addition to the Director appointed by it,each Member shall appoint an Alternate Director who shall be deemed to be such Member's Director for all purposes,including,but not limited to,voting on resolutions whenever the person appointed as such Member's Director is absent from a Board meeting. D. Appointment of Directors and Alternate Directors. The Director and the Alternate Director appointed by a Member shall be elected officials of the Governing Body of such Member and shall be appointed as a Director or Alternate Director by resolution or other official action of the Governing Body of such Member. E. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until he or she is replaced by the Governing Body of the appointing Member. F. Resignation and Removal. Any Director or Alternate Director:(a)may resign at any time,upon receipt by the Secretary or the Chair ofwritten notice signed by the person who is resigning,which resignation shall become effective upon the appointment of a successor by the Governing Body of the appointing Member,pursuant to Section III. D., hereof, and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of a resolution or other official writing signed by the Governing Body of the appointing Member. G. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Section III. D., hereof. H. Compensation. Directors and Alternate Directors shall serve without compensation, but maybe reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. I. Resolutions and Voting. All actions of the Board shall be by resolution,which may be written or oral. Except as otherwise provided in Sections XI.B. and C.,hereof, resolutions of the Board shall be adopted upon the affirmative vote at a meeting open to the public of at least a majority of a quorum of the Directors who are then in office and who are eligible to vote thereon. A quorum of the Board shall consist of a majority of the Directors. The Authority shall provide at least 48 hours' written notice of meetings to each Director and Alternate Director and to the Governing 7 Body of each Member. Notwithstanding any other provision hereof,aDirector shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101, et seq., Colorado Revised Statutes, as amended. 7. Special Rules Regarding Adoption of the Authority's Annual Budget Notwithstanding Section V.K.,hereof, if the Board fails to approve the Authority's annual budget by resolution adopted in accordance with Section III.I.,hereof by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted,the Authority's budget for such year shall be the same as the prior year's budget,with adjustments approved by a majority of the Directors then in office who are eligible to vote thereon that,in the aggregate, do not exceed the sum of"inflation" and the Authority's "local growth"as determined in accordance with Article X, Section 20(2)(f)and(g)of the Colorado Constitution. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section III.L.,hereof. K. Powers of the Board. The Board shall, subject to the limitations set forth herein, have: (a) all power; that may be exercised by the board of directors of a rural transportation authority pursuant to the Act,including,but not limited to,the powers conferred by Section 604(3)of the Act, and(b)all powers that may be exercised by the governing board of a separate legal entity created by a contract among the Members, pursuant to the Intergovernmental Relations Statute. L. Bylaws and Rules. The Board, acting by resolution adopted as provided in Section M.I.,hereof,may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing and procedures for the resolution of issues on which a two-thirds (2/3) majority cannot be obtained in accordance with Sections XI.B. and C.,hereof. M. Additional Directors. If at any time there are fewer than four Members, then, notwithstanding any other provision hereof,in order to comply with the provisions of Section 603(2)(b)(I)of the Act requiring at least five(5)Directors,each remaining Member shall appoint an additional Director and an Alternate Director for such Director,and all references herein to the Director and Alternate Director ofaMember shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. 8 1 t t IV. ADVISORY CONINHYFEES. The Board may appoint advisory committees to advise the Board. The members of advisory committees may include Directors, Alternate Directors and Officers of the Authority. Advisory Committees shall not be authorized to exercise any power of the Board. V. OFFICERS. A. Generally. The Board shall appoint a Chair, a Vice Chair,a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents,each of whom shall hold his or her office or agency for such term and shall have such authority,powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may,but need not,be Directors. Any two(2)or more of such offices maybe held by the same person, except that the offices of Chair and Secretary may not be held by the same person and theperson serving as Executive Director may not hold any other of such offices. B. Chair. The Chair shall have the power to call meetings of the Board; the power to - execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts,deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority,powers and duties as are appropriate and customary for the office of the chair of the board of directors of entities such as the Authority, . and as the Board may otherwise prescribe. C. Vice Chair. The Vice Chair shall be the Officer who, upon the death, absence or disability of the Chair,shall have the authority,powers and duties of the Chair. The Vice Chair shall have such additional authority,powers and duties as are prescribed by the Board. D. Secre . The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority's seal,be responsible for the maintenance of all redords and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority's seal to any instrument requiring it(and,when so impressed or affixed,it may be attested by his or her signature),and have such other authority,powers and duties as are appropriate and customary for the office of Secretary of entities such as the Authority,and as the Board may otherwise prescribe. If a Treasurer has not been appointed,the Secretary 9 shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. E. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for the preparation and filing of all tax returns,if any,required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair,shall have authority to give receipts and vouchers,to sign and endorse checks and warrants in the Authority's name and on the Authority' s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority;shall keep full and accurate records of the receipts and disbursements,and shall deposit all moneys and other valuables in such depositories as shall be designated by the Board. The Treasurer shall deposit and invest all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of rural transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed,the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. F. Executive Director. The Executive Director shall be the chief executive officer of the Authority,shall supervise the activities ofthe Authority,shall see that all policies, directions and orders of the Board are carried out and shall,under the supervision of the Board,have such other authority,powers or duties as may be prescribed by the Board. G. Resignation and Removal Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed from such officer position at any time by the Board. H. Chances to Authority.Powers and Duties Notwithstanding any other provision of this Article,the Board at any time may expand,limit or modify the authority,powers and duties of any Officer. I. Vacancies. Vacancies in the'office of any Officer shall be filled in the same manner in which such office was originally filled. J. Comnensation/Reimbursement of Expenses. The Authority may compensate Officers who are not Directors or Alternate Directors for services performed. The Authority may reimburse Officers,Directors and Alternate Directors for expenses incurred, upon such terms and pursuant to such procedures as maybe established by the Board. 10 r1 1 't VI. POWERS OF THE AUTHORITY. - A. General Grant of Powers. The Authority shall, subject to the limitations set forth herein,have:(i)all powers granted by the Act to rural transportation authorities,and (ii)all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Such powers shall include,but shall not be limited to,the following: 1. The specific powers described in Section 605 of the Act. 2. The power to establish Rural Transportation Activity Enterprises in accordance with Section 606 of the Act. 3. The power to establish local improvement districts in accordance with Section 608 of the Act. 4. The power to issue Bonds in accordance with Section 609 of the Act. 5. The power to cooperate with any Person as provided in Section 610 of the Act. 6. The power to invest or deposit funds as provided in Section 616 of the Act. 7. The power to petition for a judicial examination and determination of any power, act, proceeding or contract of the Authority as provided in Section 620 of the Act. B. Limitations on Powers of the Authority. Notwithstanding Section VI.A.,hereof,the powers of the Authority shall be limited as follows: I. The Authority may only finance,construct,operate and maintain Authorized Transportation Projects. 2. No action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(b) of Article X of the Colorado Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act. 3. Visitor Benefit Taxes may be levied only in accordance with Section VII.C., hereof. 4. The Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County orMunicipalitywhere the proposed tax or fee would be imposed, in accordance with Section 613 of the Act. 11 5. A notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division ofLocal Government and shall be filed with the State Auditor and the State Transportation Commission, in accordance with Section 614 of the Act. 6. A Motor Vehicle Registration Fee may only be imposed in accordance with Section VII. D.,hereof. VII. FUNDING THE AUTHORITY. A. Baseline Funding. The baseline funding of the Authority shall be provided from an Initial Authority Sales Tax of 0.5% upon every transaction with respect to which a sales tax is levied by the State of Colorado,to run for a period of ten(10)years from the effective date of this Agreement,upon compliance with the provisions ofthe Act, including the approval by the electors residing throughout the area in which such taxes are to be levied, as required by Section 612 of the Act. B. Additional Authority Sales Taxes/Extended Initial Authority Sales Tax. The Authority may levy Authority Sales Taxes in addition to the Initial Authority Sales Tax,or extend the Initial Authority Sales Tax,upon compliance with the provisions of the Act, including the approval by the electors residing throughout the area in which such taxes are to be levied, as required by Section 612 of the Act. Any additional Authority Sales Taxes may,as permitted by the Act,be levied in all or any designated portion of the Members and at the same or different rates in different designated portions of the Members. At the request of a Member and upon compliance with the provisions ofthe Act,including approval bythe electors residing within the area in which such taxes are to be levied as required by Section 612.of the Act,and approval ofthe Board,the Authority may levy an additional Authority Sales Tax at the rate(up to the limits of the Act)and in all or any designated portion of the Member specified by such Member for the purpose of funding Authorized Transportation Projects specified by such Member that serve the residents and businesses of such Member or the residents and businesses of such designated portion of such Member. C. Visitor Benefit Tax. A Visitor Benefit Tax may be levied only: 1. At the request of the Member in whose territory such tax is to be levied. 2. At the rate or rates and in all or the portion of the territory of such Member as specified by such Member. 3. Upon compliance with the provisions of this Agreement and the Act, including approval by the electors residing within the area in which such taxes are to be levied, as required by Section 612 of the Act and the 12 limitations on the use of the revenue derived from the Visitor Benefit Tax under Section 605(1)(i.5) of the Act. 4. Upon approval o£'the Board of Directors. 5. For the purpose of funding Authorized Transportation Projects designated by such Member. D. Motor Vehicle Registration Fee. The Board ofDirectors may approve the imposition of an annual Motor Vehicle Registration Fee not to exceed ten dollars($10)for each motor vehicle registered with the County clerk and recorder of the appropriate County by persons residing in all or any designated portion of within the Authority. Such Motor Vehicle Registration Fee may be imposed only. 1. After the Board of Directors has considered such imposition at a minimum of two (2) public meetings with publication of such meetings occurring at least ten(10)days prior to each meeting in a newspaper of general circulation within the Authority's boundaries. 2. For the purpose of financing, constructing, operating, or maintaining the Authority's rural transportation system. E. Discretionary Member Contributions. A Member may,at its sole discretion,offer to make cash contributions to the Authority,provide in-kind services to the Authority or pay costs that otherwise would have been paid by the Authority(referred to as a "Discretionary Member Contribution'). If a Member offers to make a Discretionary Member Contribution, the Authority will, subject to Board approval on a case-by- case basis, make a good faith effort to provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equal to the Discretionary Member Contribution. F. Pursuit of Grants. The Authority shall actively pursue federal,State and other grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of federal and State grants for transportation projects. G. Capital Projects and Bonds. The Authority may fund all or a portion of the Authorized Transportation Projects by the issuance of Authority Bonds, if voter approval is obtained-for the issuance of such Bonds, as required by Section 612 of the Act;through lease-purchase agreements or other arrangements permitted by,and 13 T-� subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. H. Revenue"Shareback." All revenue of the Authority shall be divided equally into two separate funds,those being a"share back fund"and a"general fund." Revenue in the "share back fund"shall be apportioned to each Member according to the Member's population as apercentage ofthe Authority's population. Revenue in the"share back fund" which is apportioned to each Member may be spent by such Member at its discretion for Authorized Transportation Projects. Revenue in the "general fund" shall be spent at the discretion of the Board. I. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article shall limit the Authority's powers under the Act. VHL MEMBERS. A. Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 2, 2004, election, as described in Article II.,hereof. B. Additional Members. The State, acting through the State Transportation Commission,or any County or Municipality or portion thereof which is not an Initial Member of the Authority, may become a Member(for purposes of this Section, a grew Member') effective upon: (a) the adoption of a resolution of the Board in accordance with Section III.I.,hereof,the effectiveness ofwhich maybe conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) such new Member's: (i) compliance with all conditions to its admission as a Member imposed by the Board,(ii)compliance with all conditions to its entering into this Agreement or admission as a Member imposed under the Act and the Intergovernmental Relations Statute and (iii) adoption and execution of this Agreement in accordance with applicable law; (c)unless the new Member is the State,approval of such new Member's participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and(d)compliance with any other conditions to the admission of such new Member as a Member or its execution of this Agreement imposed under the Act,the Intergovernmental Relations Statute or other applicable law. IX. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION. A. Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section II.,hereof,have been satisfied. 14 B. Termination. The term of this Agreement shall end when all the Members agree in writing to terminate this Agreement;provided,however,that this Agreement may not be terminated so long as the Authority has any Bonds outstanding. C. Distribution of Assets Upon Termination. Upon termination of this Agreement, pursuant to Section DX.B.,hereof,after payment of all Bonds and other obligations of the Authority,the net assets ofthe Authority shall be distributed to the parties who are Members at such time in proportion to the sum of-(a)the amount ofcash and the value of property and services contributed by them to the Authority pursuant to Articles VII. and VIE.,hereof,minus the amount of cash and the value of property previously distributed to them by the Authority, and (b) the amount of Authority taxes or other charges (other than fares) paid by their residents to the Authority pursuant to the Authority's exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of Counties which are also located within a Municipality allocated 100%to the Municipality for such purposes. X. DEFENSE OF DIRECTORS, OFFICERS,AND EMPLOYEES. The Authority shall insure and defend each Director,Officer, and employee ofthe Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other,including appeals),in which he or she maybe involved in his or her official capacity by reason of his or her being or having been a Director, Officer,member of a Committee or employee of the Authority,or byreason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer,member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority's obligations pursuant to this Article shall be limited to funds of the Authority available for such purpose, including, but not necessarily limited to, insurance proceed; however, any such claims, suits, or actions would be subject to the notice requirements, defenses, immunities and limitations to liability that the Authority, and its officers and employees may have under the Colorado Governmental Immunity Act (C.R.S. Sections 24-10-101, et. seq.), and to any other defenses, - immunities and limitations to liability that may be available to the Authority and/or its officers and employees under the law. The Board may establish specific rules and procedures for the implementation of this Article. M. AMENDMENTS. A. Amendments Generally. Except as otherwise specifically provided in Sections XI. B. and C., hereof, this Agreement may be amended only by a majority vote of the Board. B. Amendments to Boundaries. Appendix "A" attached hereto and the definition of "Boundaries" may be amended to include within the Boundaries of the Authority territory hereinafter annexed into a Member municipality, or as requested by a Member County. Such property shall be included within the Boundaries of the 15 Authority provided that the Board,by a two-thirds(2/3)vote of the Directors of the Board, approves such inclusion in accordance with the provisions of CRS §43-4- 605(2)(b). Each Member municipality shall notify the Authority in writing of all territory hereafter-annexed into that Member's boundaries.Such written notice shall be given to the Authority within thirty(30) days of each annexation and such notice shall include a legal description of the annexed property and the names and addresses of all owners of the annexed property. C. Amendments to Twenty(20)Year Master Plan. The Twenty(20)Year Master Plan described in Section U. B.,hereof,may be amended at any time, upon the addition of Voter Approved Transportation Projects, or upon the addition of any other Authorized Transportation Projects which require the affirmative vote of two-thirds (2/3) of the Directors of the Board, after such notice and hearing as may be prescribed by the Board;provided,however,that no amendment to the Master Plan by the Board shall eliminate from the Master Plan any Voter Approved Transportation Projects. X11. MISCELLANEOUS. A. Adoption and Execution of Agreement in Accordance with Law. Each Initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. B. Parties in Interest. Nothing expressed or implied herein is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. C. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or Bylaw issued by the Board shall be deemed to by the covenant or agreement of an elected or appointed official, officer,agent, servant or employee of any Member in his or her individual capacity. D. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions or other communications by the Authority, any Member, any Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received,in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority,and,unless a certain number ofdays is specified,shall be given within a reasonable period of time. 16 E. Assignment. None of the rights or benefits o€any Member may be assigned,nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. F. SeverabiliM If any clause,provision,subsection,section or article ofthis Agreement- shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, section or article shall not affect any of the remaining provisions of this Agreement. G. Interpretation. Subject only to the express limitations set forth herein, this Agreement shall be liberally construed: (a)to permit the Authority and the Members to exercise all powers that may be exercised by a rural transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) to permit the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law;and(c)to permit the Board to exercise all powers that may be exercised by the board of directors of a rural transportation authority pursuant to the Act and by the Governing Body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. H. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. I. Counterparts. This Agreement maybe executed in any number of counterparts,each of which,when so executed and delivered,shall be an original;but such counterparts shall together constitute but one and the same Agreement. SIGNATURES AND DATES OF SIGNATURES ON INDIVIDUAL PAGES NUMBERED CONSECUTIVELY HEREAFTER. DRAFT 7/25/03 17 s ' = 5 Vi m > 5 CM O � ha2 si °3 � Cmo � > a � o � mE �EFS9� Edo AO o. �e .ci o ci ?? •e �d �° ci .v. 'd ai u cn 3 O z w a N UV U 3gpcLv a EE � o g � o � $ � mg 'c v •ora z N c m o E S G a V o�`'� .75 w v° WF. as w 3 eO CNsS 3 F a�ic°i os .4 d' n m ong i'7• � � � ° a4 .3 c S'c °�' E awry. �y 3 $ T ju OD H A h .S O t •O •� .'9 G ° 9 ttl F z wi y N tog F u Pn _ K Q h Y a ° U O u UD n � m � ci u w d' � � •w rxi m � 3 m 5 v•� {.a U . Xi N Jl •� G •` V1 7 ( L O o Z g o yd ° a � E E a o W e L o � OR y m o a 5 7- •� a°'i c c en o c 3 '� c •� F7 a �a o G oy c � ° O q � EE0rcr wocOO c � �L eu o o ° v_ m tat c � uamu ° v z ° dmmZ � ..� yo � m o U L W y O � d m W 3 ' E A -tog e " '� >.'a 3 ffi y a ACE q 0 0 q fi L � V � H � ° d U a O Attachment E Transportation Services Administration 46a MEMORANDUM City of Fort Collins TO: John Fischbach, City Manager FROM: Ron Phillips, Transportation Services Directot DATE: November 25, 2003 RE: RTA Issues This memorandum and the attached graphics will try to explain what I feel is an inherent fatal flaw to the RTA succeeding in Fort Collins. The perception problem that seem to exist now pertaining to the RTA is exacerbated with the emphasis being placed by the MPO Council on paying for improvement of Regionally Significant Corridor roads with the RTA revenues at the expense or exclusion of regional or inter-regional rail and transit solutions. The calculations provided by the Finance Director (attached) indicate that the net taxable sales generated in the City of Fort Collins is greater than the combined total of all the cities of Weld County which are members of the MPO.* In fact, the net taxable sales in Fort Collins are greater • than the net taxable sales in all of Weld County. At the same time, the total miles of Regionally Significant Corridors for which the revenues are intended are far greater in the MPO/RTA boundary area of Weld County than in all the combined Larimer County jurisdictions within the MPO/RTA boundaries. The following table and graphics represent this dichotomy. I believe this fiscal imbalance, with Fort Collins' and other Larimer County residents appearing to heavily subsidize road improvements in Weld County, dooms the RTA to failure in a vote in Fort Collins. On the other hand, a much greater emphasis on passenger rail and transit might be seen by residents of Fort Collins as a more direct benefit to them than funding road improvements in Weld County. Such alternatives to major roadway expansion were presented in the 2000 North Front Range Transportation Alternatives Feasibilit) Study. This strategy could generate more support in Fort Collins, but it still may not be enough to win an election here. Countyi2ily Net Taxable Sales Miles of RSC within Geographic Area %of Net Taxable Sales %of RSC miles in Geographic Area Larimer County MPO Members $2,690,439 310 69% 41% Weld County MPO Members $1,197,514 454 31% 59% total for counties $3,887,953 764 Fort Collins $1,928,771 73 53% 40% Greeley $964,365 59 27% 32% Loveland $718,980 50 20% 27% total for these 3 cities $3,612,116 183 • *In analyzing the data provided by the Finance Department, we have not included net taxable sales in the unincorporated areas of Larimer or Weld Counties because there is no way to break out the unincorporated areas just within the MPO/RTA boundaries from the entire county figures. However, in looking at the total county figures, they do not seem to be significant enough to skew the results 215 North Mason • First Floor • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)224-6058 • FAX(970)221-6239 County/City Net Taxable Sales Miles of RSC within Geographic Area %of Net Taxable Sales %of RSC miles in Geographic Area Latimer County MPO Members $2,690.439 310 69% 41% • Weld County Moo Members $1,197.514 454 31% 59% total for counties $3,887,953 764 Fort Collin $1.928,771 73 53% 40% Greeley $964,365 59 27% 32% Loveland $718,980 50 20% 27% total for these 3 cities $3,612,116 183 Regionally Significant Corridors Comparison: Net Taxable Sales and Miles of RSC - Larimer County MPO Members vs.Weld County MPO Members 80.00% 70.00% ,�"1z n ■net taxable 60.00% sales % of total 50.00% 40.00% ■Percent of total 30.00% RSC mileage by 20.00% „. VA County IS 5 10.00% is 0.00% Im • Latimer County MPO Weld County MPO Members Members Regionally Significant Corridors Comparison: Net Taxable Sales and Miles of RSC - Fort Collins vs. Weld County MPO Members 100% 90% 80/o }. 70% ■ net taxable sales % of total 60% } 50°/D . 40% �~" �• ='� ■ Percent of combined RSC 30% mileage by geographic area 20% 10% 0% Fort Collins Weld County MPO • Members • Regionally Significant Corridors Comparison: Net Taxable Sales - Fort Collins vs. Weld County MPO Members Fort Collins ■Weld County MPO Members Regionally Significant Corridors Comparison: Miles of RSC by County • ■Larimer County MPO Members ■Weld County MPO Members • Regionally Significant Corridors Comparison: Net Taxable Sales by City Lasalle, $1,223 Windsor(Larimer Timnath, $6,986 Evans, $51,664 County), $4,343 — Garden City, - $37,200 Loveland, r Greeley, $718,980 -- $964,365 Johnstown (Weld County), $25,022 Johnstown Milliken, $4,395 (Larimer County), 71 $5,312 Windsor(Weld County), Berthoud, $113,645 Fort Collins, $26,047 $1,928,771