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12-052 RESOLUTION No. 12 -052 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REQUESTING NCTCOG TO PURSUE DEVELOPMENT OF THE COTTON BELT RAIL PROJECT UTILIZING SENTATE BILL 1048 ( "PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE ACT ") WHEREAS, the North Central Texas Council of Governments (NCTCOG) is a Regional Planning Commission operating under Local Government Code Chapter 391; and WHEREAS, NCTCOG has been approached by a private- sector developer which has formally communicated interest in developing the Cotton Belt Passenger Rail Project; and, WHEREAS, Senate Bill 1048 ( "Public and Private Facilities and Infrastructure Act") authorizes public - private partnerships by eligible governmental entities in the State of Texas, including Regional Planning Commissions, and establishes the framework and processes required to enter into such arrangements; and, WHEREAS, Senate Bill 1048 enables a Responsible Governmental Entity to receive solicited or unsolicited proposals, encourages competition by requiring posting of and acceptance of competing proposals for a qualifying project, calls for collaboration with affected jurisdictions in which all or part of a project is located, and permits award of interim and /or comprehensive project development agreements; and, WHEREAS, in order for NCTCOG to qualify as the Responsible Governmental Entity and assist the region in advancing development of the Cotton Belt Passenger Rail Project agreements with member governments along the corridor statutorily authorized to develop passenger rail projects is necessary; and, WHEREAS, City of Southlake supports innovative approaches to infrastructure delivery and desires to contract NCTCOG to utilize Senate Bill 1048 to procure a public - private partnership to develop the Cotton Belt Passenger Rail Project, in whole or in part, on its behalf; and, WHEREAS, this innovative public - private partnership approach to develop the Cotton Belt Passenger Rail Project, if proven successful, could provide a model for development of future high - priority passenger rail corridors in the region; and, WHEREAS, NCTCOG, Dallas Area Rapid Transit (DART), Fort Worth Transportation Authority (The T), and Denton County Transportation Authority (DCTA) have developed a joint procurement process under Senate Bill 1048 and Texas Transportation Code Chapter 452 to develop the Cotton Belt Passenger Rail Project which involves city representation in the evaluation process. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. City of Southlake requests and authorizes NCTCOG to develop the Cotton Belt Passenger Rail Project on its behalf as the Responsible Governmental Entity utilizing Senate Bill 1048 to procure a public - private partnership jointly with DART, The T and DCTA. RESOLUTION No. 12 -052 Section 2. This Resolution shall be transmitted to NCTCOG and all affected jurisdictions along the corridor. Section 3. The City Manager or designee is authorized to execute agreements to effectuate this Resolution in the name of City of Southlake. That this Resolution shall take effect upon its adoption, and it is so Resolved. ADOPTED this iftday of O ,b' r , 2012. John erre ATTEST: „ ,,,•%50U1".fit ,, Mayor, City of Southlake •• ••• �i g atit, Yf�i'�4V • Alicia Richardson, Cr: Sec etarj ' •. • +4,I * *' *��N��....