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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 18, 2012 <br /> Action Agenda <br /> Item No. 7-c <br /> SUBJECT: Transit Interlocal Implementation Agreement <br /> DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Draft Interlocal Implementation Agreement John Roberts, Orange Co. Attorney, <br /> 2. June 25, 2012 Letter to BOCC Chair from 919-245-2318 <br /> DCHC MPO TAC Chair Wib Gulley, General Counsel, TTA, 919- <br /> 3. September 12, 2012 Memo from DCHC MPO 485-7418 <br /> Lead Planning Agency to DCHC MPO TAC Frank Clifton, Orange Co. Manager, <br /> 919-245-2300 <br /> Craig Benedict, Planning Director, 919- <br /> 245-2575 <br /> PURPOSE: To discuss various aspects of the Interlocal Implementation Agreement of the <br /> Orange County Bus and Rail Investment Plan (IIA/OCBRIP) and provide decisions regarding <br /> aspects to be incorporated into the final draft. <br /> BACKGROUND: Orange, Durham and Wake counties were given the authority to impose a <br /> one-half (%) cent sales tax for public transit in July 2009. As a pre-requisite to a referendum <br /> (scheduled in Orange County for November 6, 2012), the local county must approve an `Orange <br /> County Bus and Rail Investment Plan (OCBRIP)' that describes how possible monies would be <br /> spent. Orange County approved the OCBRIP in June of this year. <br /> Triangle Transit staff, specifically General Counsel Wib Gulley, have provided a draft of this <br /> agreement (Attachment 1) that has been reviewed and commented upon by County Attorney <br /> John Roberts, County Manager Frank Clifton, and Planning Director Craig Benedict. Staff has <br /> had several meetings to refine the document and determined this was an appropriate time to <br /> bring a draft forward to the Board. Issues of disagreement/continued discussion are identified to <br /> the side of the document as comments. <br /> As a corollary, the BOCC also requested the development of a more operational and <br /> explanatory agreement to be known as an Interlocal Implementation Agreement (IIA/OCBRIP) <br /> to provide aspects such as: <br /> 1. Parties to the Agreement and respective roles, <br /> 2. Reference to `Levy of Transit Sales Tax Agreement', <br /> 3. Orange County/Durham County Cost Share Agreement related to rail and bus, <br /> 4. Progress Reports, <br /> 5. Distribution of funds for bus services, <br /> 6. Bus service documentation, <br /> 7. Non-Supplantation Language <br />