2006-01-09 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council

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Program Guide Call of 2005 - 2006 Other Eligibility Considerations Regarding... Federal and State laws and regulations Transportation enhancement projects must comply with all applicable $tate and federal laws and regulations, including environmental requirements. All projects must comply with the ADA mandate of accessibility. Projects to retrofit existing facilities solely for conformance to accessibility standards do not qualify for enhancement funding. Standards for ADA may be found in the Americans with Disabilities Act Accessibility Guidelines ~or Buildings and Facilities. Various environmental actions required by NEPA and storm sewer maintenance are not eligible unless they are an integral part of a larger qualifying project. TxDOT must determine that these activities are vital to the sucCess of the project as a whole before they can be determined eligible. Some mitigation costs may be eligible for reimbursement for certain activities as long as those activities are necessary to complete an eligible project. Removal, containment, and disposal of materials that at one time met acceptable building standards, such as the use of lead paint and asbestos may be allowable mitigation costs, if they are included in the requested itemized budget. However, mitigation cost to cover the removal of underground storage tanks, hazardous material spills or other environmental pollution is not eligible under the program. Project costs incurred prior to project selection by the Commission and TxDOT approval to proceed are not eligible for reimbursement. Property Improvements to real property owned by private, non-profit organizations may be considered eligible. A statement from the current property owner, stating their willingness to dedicate the use of the project property to the public, for a period of not less than 10 years, must be included in the nomination. If selected for funding, an agreement between the owners of the real property and the nominator is required. The local agreement between the nominator and property owner must be executed prior to the execution of the project agreement between the nominator and TxDOT. The agreement must establish that the project will be dedicated for public use as approved by the TIC, for a period not less than 10 years and define the responsibilities of the parties as to the use, operation, and maintenance of the project. The 10 year period is a minimum recommendation. (Please refer to the Real Property Acquisition of Section C in this guide for comparative cost and time limits.) Ultimately; the nominator will be responsible for the operation and maintenance of the project in the agreement between TxDOT and the nominator. . Public land may be used as the local funding match, as long as the land is donated from one public entity to another. An agency may not donate land to itself. The land must be or have been acquired in accordance with all state and federal regulations, including the Uniform Relocation Act. Acquired land must be located within the project's area. 19 Statewide Transportation Enhancement Program