HomeMy WebLinkAboutPR 24171: AUTHORIZATION TO FILE AN APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Ivan Mitchell,Transit-Fleet Director C:\
Date: February 12,2025
Re: P.R.24171—2025 FTA Opinion of Counsel and Authorizing Resolution 2025
Nature of Request:Authorize the City Manager to file applications with the Federal Transit
Administration,an operating administration of the United States Department of Transportation,for
federal transportation assistance.
Background: All,recipients/grantees of federal transportation assistance administered by the Federal
Transit Administration(1.1 A)have an opinion of counsel and authorizing resolution document on file
with the FTA. These documents authorize the recipient/grantee to apply for and accept both formula
and discretionary based federal transportation assistance.
The new FTA administration is requiring all recipients/grantees to submit by March 5,2025,an
updated Opinion of Counsel and Authorizing Resolution documentation. Port Arthur Transit has
completed the opinion of counsel and authorizing resolution documentation for City Council approval
to maintain the authorization to for federal transportation assistance and accept financial
disbursements from the FTA.
Recommendation: It is recommended that the City Council approve proposed P.R.24171 to authorize
the City Manager to file applications with the Federal Transit Administration,an operating
administration of the United States Department of Transportation,for federal transportation assistance.
Budgetary/Fiscal Effect:Not applicable.
P.R. 24171
2/13/2025 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE APPLICATIONS
WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING
ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE
AUTHORIZED BY 49 U.S.C. CHAPTER 53; TITLE 23, UNITED STATES CODE, OR
OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT
ADMINISTRATION.
WHEREAS,the Federal Transit Administration has been delegated authority to award
federal financial assistance for a transportation project; and,
WHEREAS,the grant or cooperative agreement for federal financial assistance will
impose certain obligations upon the Applicant, and may require the Applicant to provide the
local share of the project cost; and,
WHEREAS,the Applicant has or will provide all annual certifications and assurances
to the Federal Transit Administration required for the project.
NOW,THEREFORE,BE RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR TEXAS:
THAT, the City Manager is authorized to execute and file an application for Federal
Assistance on behalf of the City of Port Arthur/Port Arthur Transit with the Federal Transit
Administration for Federal Assistance authorized by 49 U.S.C. Chapter 53, Title 23, United
States Code, or other Federal statutes authorizing a project administered by the Federal
Transit Administration. The City of Port Arthur is the Designated Recipient as defined by 49
U.S.C. 5307 (a) (2)for Urbanized Area Formula assistance.
THAT, the City Manager is authorized to execute and file with its applications the
annual certifications and assurances and other documents the Federal Transportation
Administration requires before awarding a federal assistance grant or cooperative agreement.
THAT, the City Manager is authorized to execute grant and cooperative agreements
with the Federal Transit Administration on behalf of The City of Port Arthur/Port Arthur
Transit.
THAT,the City Attorney or her/his designee is authorized to execute and file with its
application the annual certifications and assurances or other documents the Federal Transit
Administration requires before awarding a Federal assistance grant or cooperative agreement.
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 February 2025 at a Regular
Meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
P.R. 24171
2/13/2025 IM
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVE
Roxann Pais Cotroneo, City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
tA
Ronald Burton, M Lynda Boswell
City Manag Director of Finance
/fre,_, ,,,1/4„., ctrikebec»-), 1)44
Clifton Williams, CPPB Iv n Mi
Purchasing Manger Transit-Fleet Director
flf`//y
THURMAN BILL BARTIE,MAYOR _ E RONALD BURTON,CPM
DONEANE BECKCOM, City r_f `" CITY MANAGER
MAYOR PRO TEM 27
SHERRI BELLARD,TRMC
COUNCIL MEMBERS: — -.�^ - CITY SECRETARY
WILLIE BAE LEWIS,JR. cr r t r t h Et r
TIFFANY L.HAMILTON EVERFIELD _ ROXANN PAIS COTRONEO
HAROLD L.DOUCET,SR. CITY ATTORNEY
THOMAS KINLAW,III
DONALD FRANK,SR.
OPINION OF COUNSEL
Kwasi Bosompem
Community Planner
Federal Transit Administration-Region VI
819 Taylor St Rm 14A02 I Fort Worth, TX 76102
Dear Mr. Bosompem:
This communication will serve as the requisite opinion of counsel to be filed with the Federal Transit
Administration, United States Department of Transportation, in connection with the application of the City
of Port Arthur/Port Arthur Transit, a direct recipient for the City of Port Arthur Urbanized Area as defined
at 49 U.S.C. 5307(a)(2), for federal transportation assistance authorized by 49 U.S.C. Chapter 53;title 23,
United States Code; and other federal statutes authorizing activities administered by the Federal Transit
Administration.
Citations to laws, regulations, etc. establishing the legal authority of the City of Port Arthur/Port Arthur
Transit to carry out transportation projects for which federal assistance is sought is set forth below:
1. The City of Port Arthur is authorized by the Texas Department of Transportation to provide and
assist transportation as the designated recipient for the Beaumont Urbanized Area,to apply for
Urbanized Area Formula Program assistance authorized by 49 U.S.C. 5307(a)(2)
2. The authority of the City of Port Arthur to provide funds for the local share of the project is set forth
in Resolution No. passed by Port Arthur City Council on February 25, 2025.
3. I have reviewed the pertinent federal, state, and local laws, and I have concluded that there is no legal
impediment to your filing an application for the project for which the City of Port Arthur/Port Arthur
Transit seeks assistance. Furthermore, as a result of my examination, I find that there is no pending or
threatened litigation or other action which might in any way adversely affect the proposed project or
the capability of the City of Port Arthur/Port Arthur Transit to carry out the project.
4. Please be advised that the City must notify FTA of any change in the carrying out of projects, and
that any significant change in the status of the City will require a new Opinion of Counsel.
Sincerely,
Roxann Pais Cotroneo, City Attorney