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HomeMy WebLinkAboutPR 20162: MOU WITH SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION C'iry of 42)'
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Transit(PAT)
INTEROFFICE MEMORANDUM
Date: 3/29/18
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Ivan Mitchell, Transit Manager
RE: PR 20162 MOU with Southeast Texas Regional Planning Commission
Introduction:
The intent of this agenda item is to seek the City Council's approval for the City Manager to
enter into a Memorandum of Understanding(MOU) among the South East Texas Regional
Planning Commission(SETRPC) Metropolitan Planning Organization(MPO), the Texas
Department of Transportation(TxDOT), Beaumont Municipal Transit (BMT), Port Arthur
Transit(PAT), and South East Texas Transit(SETT).
Background:
Federal regulations require the MPO, TxDOT, BMT, PAT, and SETT to cooperatively
determine in a single agreement the mutual responsibilities in carrying out the metropolitan
transportation planning process. The purpose of this memorandum is to make provisions for
cooperative mutual responsibilities in the southeast Texas metropolitan planning area and to
provide a single agreement between the parties in accordance with current federal
transportation legislation.
Budget Impact:
No impact
Recommendation:
It is recommended that City Council approve the City Manager to enter into a Memorandum of
Understanding as discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
3401 Cultural Center Drive X Port Arthur,Texas 77642 X 409.985.8801
P.R.NO 20162
04/02/2018 cn/gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A MEMORANDUM OF
UNDERSTANDING AMONG THE SOUTH EAST TEXAS REGIONAL PLANNING
COMMISSION (SETRPC) METROPOLITAN PLANNING ORGANIZATION (MPO), THE
TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), AND BEAUMONT MUNICIPAL
TRANSIT (BMT) PUBLIC TRANSPORTATION OPERATOR, PORT ARTHUR TRANSIT (PAT)
PUBLIC TRANSPORTATION OPERATOR, AND SOUTH EAST TEXAS TRANSIT (SETT)
PUBLIC TRANSPORTATION OPERATOR.
WHEREAS, the Fixing America's Surface Transportation Act (FAST Act) promulgated
regulations 23 CFR 450.314; and,
WHEREAS, the MPO, the State, BMT, PAT, and SETT are required by 23 CFR 450.314 to
cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation
planning process, (attached as EXHIBIT"A"); and,
WHEREAS, these responsibilities shall be clearly identified in written agreements among the
MPO, the State, BMT, PAT, and SETT serving the Metropolitan Planning Area (MPA); and,
WHEREAS, to the extent possible, a single agreement between all responsible parties should
be developed; and,
WHEREAS, the federal regulations require the written agreement to include specific
provisions for cooperatively developing and sharing information related to the development of
financial plans that support the metropolitan transportation plan (MTP), the metropolitan
Transportation Improvement Program (TIP), and development of the Annual Listing of Obligated
Projects (ALOP); and,
WHEREAS, the federal regulations require that the MPO, TxDOT, BMT, PAT, and SETT shall
jointly agree upon and develop specific written procedures for cooperatively developing and sharing
information related to transportation performance data, the selection of performance targets, the
reporting of performance targets, the reporting of performance to be used in tracking progress
toward attainment of critical outcomes for the region of the MPO, and the collection of data for the
State asset management plan for the National Highway System (NHS).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to accept Memorandum of Understanding the
South East Texas Regional Planning Commission (SETRPC).
P.R.NO 20162
04/02/2018 cn/gt
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED THIS day of April, A.D.2018 at a meeting of the City of Port
Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
(//d
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Val Tizeno, City At rney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Ivan Mitchell, Transit Manager
P.R.NO 20162
04/02/2018 cn/gt
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
AMONG
THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (SETRPC) METROPOLITAN PLANNING
ORGANIZATION (MPO),THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT)AND
BEAUMONT MUNICIPAL TRANSIT(BMT) PUBLIC TRANSPORTATION OPERATOR, PORT ARTHUR TRANSIT
(PAT) PUBLIC TRANSPORTATION OPERATOR,AND SOUTH EAST TEXAS TRANSIT(SETT) PUBLIC
TRANSPORTATION OPERATOR
WHEREAS, the Fixing America's Surface Transportation Act (FAST Act) promulgated regulations
23 CFR 450.314, and
WHEREAS, the MPO, the State, BMT, PAT, and SETT are required by 23 CFR 450.314 to
cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation
planning process, and
WHEREAS, these responsibilities shall be clearly identified in written agreements among the
MPO, the State, BMT, PAT, and SETT serving the Metropolitan Planning Area (MPA), and
WHEREAS, to the extent possible, a single agreement between all responsible parties should be
developed, and
WHEREAS, the federal regulations require the written agreement to include specific provisions
for cooperatively developing and sharing information related to the development of financial plans
that support the metropolitan transportation plan (MTP), the metropolitan Transportation
Improvement Program (TIP), and development of the Annual Listing of Obligated Projects (ALOP), and
WHEREAS, the federal regulations require that the MPO, TxDOT, BMT, PAT, and SETT shall
jointly agree upon and develop specific written procedures for cooperatively developing and sharing
information related to transportation performance data, the selection of performance targets, the
reporting of performance targets, the reporting of performance to be used in tracking progress toward
attainment of critical outcomes for the region of the MPO, and the collection of data for the State
asset management plan for the National Highway System (NHS).
NOW THEREFORE, the parties agree as follows:
1. Purpose. It is the purpose of this Memorandum of Understanding (MOU) to make provision for
cooperative mutual responsibilities in carrying out the Metropolitan Planning Process and
Performance Based Planning and Programming in the JOHRTS MPA and to provide a single
agreement between the State of Texas acting through the Texas Department of Transportation
(TxDOT), the SETRPC MPO, BMT, PAT, and SETT in accordance with current Federal Legislation and
as required by 23 CFR 450.314.
2. Responsibilities of all parties.
All parties will:
a. Cooperatively determine their mutual responsibilities in carrying out the metropolitan
transportation planning process in a performance based planning format and final form.
Decide upon and adopt performance targets for this planning process in accordance with
Federal and State requirements and guidance.
b. Make provisions for cooperatively developing and sharing information related to the
development of financial plans that support the Metropolitan Transportation Plan ("MTP")
and TIP.
c. Ensure TxDOT, BMT, PAT, SETT, and the MPO cooperatively develop a listing of projects
that comprehensively address the transportation system within the MPO boundaries.
Identified projects shall include both roadway and transit initiatives, including but not
limited to investments in pedestrian walkways and bicycle transportation facilities for
which federal funds were obligated in the preceding fiscal year.
d. Ensure that the Unified Planning Work Program (UPWP) will detail and document these
responsibilities, deliverables and associated costs.
3. Performance Based Planning& Programming
a. Developing transportation performance data
i. TxDOT will provide the MPO with a subset for their MPA of the state performance
data used in developing statewide targets.
H. If an MPO chooses to develop their own target for any measure, they will provide
TxDOT with any supplemental data they utilize in association with the target-setting
process.
b. Selection of transportation performance targets
i. TxDOT will develop draft statewide federal performance targets in coordination
with the applicable MPOs. Coordination may include in-person meetings, web
meetings, conference calls, and/or email communication. MPOs shall be given an
opportunity to provide comments on statewide targets one month prior to final
statewide targets adoption.
ii. If the MPO chooses to adopt their own target for any measure, it will develop draft
MPO performance targets in coordination with TxDOT. Coordination methods will
be at the discretion of the MPO, but TxDOT shall be provided an opportunity to
provide comments on draft MPO performance targets prior to final approval.
c. Reporting of performance targets
TxDOT performance targets will be reported to FHWA and FTA, as applicable. The
MPO will be notified when TxDOT has reported final statewide targets.
ii. MPO performance targets will be reported to TxDOT.
1. For each target, the MPO will provide the following information no later
than 180 days after the date TxDOT or the Public Transportation Operator
establishes performance targets, or the date specified by federal code:
a. Written agreement to plan and program projects so that they
contribute toward the accomplishment of TxDOT, BMT, PAT, SETT
performance target, or;
b. Written notification that the MPO will set a quantifiable target for
that performance measure for the MPO's planning area.
i. If a quantifiable target is set for the MPO planning area, the
MPO will provide any supplemental data used in determining
any such target.
c. Documentation of the MPO's target or support of the statewide or
relevant BMT, PAT, and SETT target will be provided in the form of a
resolution or meeting minutes.
iii. TxDOT will include information outlined in 23 CFR 450.216 (f) in any statewide
transportation plan amended or adopted after May 27, 2018, and information
outlined in 23 CFR 450.218 (q) in any statewide transportation improvement
program amended or adopted after May 27, 2018.
iv. The MPO will include information outlined in 23 CFR 450.324 (g) (3-4) in any MTP
amended or adopted after May 27, 2018, and information outlined in 23 CFR
450.326 (d) in any TIP amended or adopted after May 27, 2018.
v. Reporting of targets and performance by TxDOT and the MPO shall conform to 23
CFR 490, 49 CFR 625, and 49 CFR 673
d. Reporting of performance to be used in tracking progress toward attainment of critical
outcomes for the region of the MPO
i. TxDOT will provide the MPO with an update of the subset for their MPA of the state
performance data used in developing statewide targets including prior
performance data.
e. The collection of data for the State asset management plans for the NHS
i. TxDOT will be responsible for collecting bridge and pavement condition data for the
State asset management plan for the NHS.
4. Responsibilities of the SETRPC MPO
The MPO will:
a. Work in consultation with BMT, PAT, SETT, and TxDOT in developing the financial plan for
the MTP.
b. Work in consultation with BMT, PAT, SETT, and TxDOT in developing the financial plan for
the TIP.
c. Conduct Technical Committee and Transportation Planning Committee meetings as
required and necessary.
d. In consultation with BMT, PAT, SETT, and TxDOT, update the MTP and TIP in accordance
with State and Federal laws.
e. Invite BMT, PAT, SETT and TxDOT to participate in all public participation processes.
f. Conduct comprehensive, cooperative and continuous transportation planning for the
JOHRTS MPA.
g. Establish necessary transportation performance targets, share information related to the
performance data, and document the reporting of performance to be used in tracking
progress toward attainment of critical outcomes within the MPO MPA, if the MPO elects to
develop quantifiable targets for performance measures for the MPO's planning area.
5. Responsibilities of the Beaumont Municipal Transit, Port Arthur Transit, and South East Texas Transit
BMT, PAT, AND SETT will:
a. Work in consultation with the MPO in developing short-range and long-range plans for
transit for inclusion in the MTP.
b. Assist in validation of data used as input into the transportation plan.
c. Work in consultation with the MPO and TxDOT in developing the financial plan for the
MTP.
d. Work in consultation with the MPO and TXDOT in developing the financial plan for the TIP.
e. Provide the MPO with the annual list of transit obligated projects.
f. Serve on the MPO Technical Committee and Transportation Planning Committee as
applicable.
g. Notify the MPO of changes to projects that would affect the MTP or TIP.
h. Invite the MPO to participate in all public participation processes.
i. Establish transit asset management performance targets and share with the MPO and
other interested parties.
6. Responsibilities of the Texas Department of Transportation
TxDOT will:
a. Work in consultation with BMT, PAT, SETT, and the MPO in developing the financial plan
for the TIP and MTP.
b. Assist in the validation of data used as input into the transportation plan.
c. Provide the MPO with the annual list of obligated projects.
d. Serve on the MPO Technical Committee and Transportation Planning Committee.
e. Notify the MPO of changes to projects that would affect the MTP or TIP.
f. In consultation with the MPO and BMT, PAT, and SETT, update the MTP and TIP in
accordance with State and Federal laws.
g. Work in consultation with the MPO and BMT, PAT, and SETT in developing short-range and
long-range plans for transit for inclusion in the MTP and TIP.
7. Term. This Memorandum shall become effective as to each Party when fully executed by all
parties. It shall remain in full force and effect until such time it is terminated in writing by one or
all of the parties.
8. Validity and Enforceability. If any current or future legal limitations affect the validity or
enforceability of a provision of this MOU, then the legal limitations are made a part of this MOU
and shall operate to amend this MOU to the minimum extent necessary to bring this MOU into
conformity with the requirements of the limitations, and so modified, this MOU shall continue in
full force and effect.
9. Governing Law and Venue. This MOU shall be governed by the laws of the State of Texas. Venue
for an action arising under this MOU shall lie exclusively in Travis County, Texas.
10. Severability. If a provision contained in this MOU is held invalid for any reason, the invalidity does
not affect other provisions of the MOU and can be given effect without the invalid provision, and
to this end the provisions of this MOU are severable.
(SIGNATURE PAGE TO FOLLOW)
EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized
official as required by law.
Date:
Chair, JOHRTS Transportation Planning Committee
Date:
Mayor, City of Beaumont
Beaumont Municipal Transit
Date:
Mayor, City of Port Arthur
Port Arthur Transit
Date:
Executive Director,
South East Regional Planning Commission
South East Texas Transit
Date:
Beaumont District Engineer
Texas Department of Transportation
Appendices:
A. Safety Performance Measures
B. Highway Safety Improvement Program
C. FHWA Pavement and Bridge Performance Measures
D. FHWA System Performance Measures
a. NHS
b. Freight
c. CMAQ
E. FTA Transit Asset Management
F. FTA Agency Safety Plan