Whole

Quorum = 8
Agenda
DART: Your preferred choice of transportation for now and in the future.

0410C.doc 1

Dallas Area Rapid Transit
COMMITTEE-OF-THE-WHOLE
Tuesday, April 10, 2012, 4:00 P.M. - Conference Room C
1401 Pacific Ave., Dallas, TX 75202

General Items:
1. Approval of Minutes: March 20, 2012
Items for Final Committee Consideration:
2. Authorization to Execute a License Agreement with Collin County for an
At-Grade Road Crossing (Security, Safety, Public Relations and
Operations Loretta Ellerbe/Norma De La Garza-Navarro) [5 minutes] @
3. Multiple Use Agreement between DART and Texas Department of
Transportation (TxDOT) to Permit DART to Construct, Maintain and
Operate the DART LRT Orange Line within TxDOT Highway
Rights-of-Way Located on the Irving-1/Irving 2 Line Sections
(Rail Program Faye Wilkins/Tim Mckay) [5 minutes] @
4. Multiple Use Agreement between DART and Texas Department of
Operate the DART LRT Blue Line within TxDOT Rights-of-Way Located
on the Rowlett-1 Line Section
(Rail Program Faye Wilkins/Tim McKay) [5 minutes] @
5. Exercise Contract Option for 12-Volt Maintenance-Free Bus Batteries
(Security, Safety, Public Relations and Operations Loretta
Ellerbe/Carol Wise) [5 minutes]

Quorum = 8
Agenda
DART: Your preferred choice of transportation for now and in the future.

0410C.doc 2

Items for Initial Consideration:
6. Authorization to Convey Easements to Atmos Energy Corporation for the
Compressed Natural Gas (CNG) Project
(Rail Program Faye Wilkins/Tim McKay) @ [5 minutes]
7. Approval of Quarterly Disclosure Update as of December 31, 2011
(Budget and Finance Robert Strauss/David Leininger) @ [5 minutes]
8. *Proposed Fare Structure Change
(Budget and Finance Robert Strauss/David Leininger) [45 minutes]
9. *Briefing on Public Security Declaratory Judgment Litigation
(David Leininger) [15 minutes]

Other Items:
10. Identification of Future Agenda Items
11. Adjournment

*Briefing item
+Same Night Board Approval Item
@ Unanimous Approval at Committee

The Committee-of-the-Whole may go into Closed Session under the Texas Open Meetings Act,
Section 551.071, Consultation with Attorney, for any Legal issues, under Section 551.072 for Real
Estate issues, or under Section 551.074 for Personnel matters, or under section 551.076, for
deliberation regarding the deployment or implementation of Security Personnel or devices, arising
regarding any item listed on this Agenda.
This facility is wheelchair accessible. For accommodations for the hearing impaired, sign
interpretation is available. Please contact Community Affairs at 214-749-2543, 48 hours in advance.
AGENDA ITEM NO.1
MINUTES
DALLAS AREA RAPID TRANSIT
COMMITTEE-OF-THE-WHOLE
March 20, 2012
The Dallas Area Rapid Transit Committee-of-the-Whole meeting convened on Tuesday,
March 20,2012, at 4:10 p.m., at DART Headquarters, 1401 Pacific Avenue, Dallas, Texas, with
Chair Danish presiding.
The following Board members were present: John Danish, Robert Strauss, Faye Moses Wilkins,
Scott Carlson, Jerry Christian, Randall Chrisman, William Tsao, William Velasco,
Michael Cheney, Claude Williams, Loretta Ellerbe and Gary Slagel.
Mr. Richard Carrizales, Ms. Pamela Dunlop Gates, and Mr. Mark Enoch were absent.
General Items:
1. Approval of Minutes: March 6, 2012
Ms. Wilkins made a motion to approve the March 6, 2012, corrected Committee-of
the-Whole meeting Minutes.
Mr. Slagel seconded the motion and it was approved unanimously.
Items for Final Committee Consideration:
Consent Items:
2. Authorization to Convey DART-Owned Property Located in Rowlett to the City of
Rowlett for the Blue Line Expansion
Ms. Wilkins motioned for approval of draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to execute the necessary
documents to convey DART Parcels, as described in Exhibit 1, to the City of
Rowlett.
Mr. Chrisman seconded the motion and it was approved unanimously.
3. Authorization to Convey Easements to Oncor Electric Delivery Company LLC for
the CNG Project
PresidentlExecutive Director or his designee is authorized to execute the necessary
documents to convey easements as described in Exhibit 1, to Oncor Electric Delivery
Company LLC.
Mr. Tsao seconded the motion and it was approved unanimously.
03.20.2012 Committee-of-the-Whole Minutes.docx 1 4/3/2012; 8:00 am
4. Approve an Interlocal Agreement (lLA) between North Central Texas Council of
Governments (NCTCOG), DART, and City of Dallas Related to Procurement and
Financial Matters for Implementation of the Dallas TIGER-funded Modern
Streetcar Project
PresidentlExecutive Director or his designee is authorized, subject to legal
sufficiency review and approval, to execute an Interlocal Agreement between
NCTCOG, DART, and City of Dallas Related to Procurement and Financial
Matters for Implementation of the Dallas TIGER-funded Modern Streetcar Project,
substantially in the form attached to the resolution as Exhibit 1.
Mr. Velasco seconded the motion and it was approved unanimously.
5. Local Assistance Program (LAP) - Program Modification Request for the City of
Cockrell Hill
Mr. Carlson motioned for approval of draft resolution stating that the Local
Assistance Program/Congestion Management System (LAP/CMS) reprogramming
request for the City of Cockrell Hill, as contained in Exhibit 1, is approved.
Mr. Gary Thomas, PresidentlExecutive Director, took a moment to introduce
Ms. Carol Wise, Executive Vice President/Chief Operations Officer.
6. Contract for Inspection and Maintenance Services for Lift Equipment
Ms. Ellerbe motioned for approval of draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to award a three-year
contract for inspection and maintenance service for lift equipment to A & F
Elevator Company, Inc., for a total authorized amount not to exceed $575,190.
Mr. Chrisman seconded the motion and it was approved unanimously.
7. Contract for Bus Engine Lubricating Oils
Ms. Ellerbe motioned for approval of draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to award a two-year
contract for bus engine lubricating oils to Jesse P. Taylor Oil Co. for a total
authorized amount not to exceed $1,000,350.
8. Contract Option for Self-insured Dental Insurance for DART Employees and Their
Eligible Dependents
Mr. Velasco motioned for approval of draft resolution stating that the
sufficiency review and approval, to exercise a contract option for dental insurance
with Delta Dental Insurance Company [Contract No. C-I016416-01] to:
Section 1: Exercise the one-year option.
Section 2: Increase the not-to-exceed amount by $102,348, for a new total
authorized amount not to exceed $409,394.
9. Contract Option for Self-Insured Medical Insurance for DART Employees, Retirees
and Their Eligible Dependents
sufficiency review and approval, to exercise a contract option for medical insurance
with Aetna [Contract No. C-1016416-03] to:
Section 1: Exercise the one-year option.
Section 2: Increase the not-to-exceed amount by $1,670,936, for a new total
authorized amount not to exceed $6,337,071.
Mr. Cheney seconded the motion and it was approved unanimously.
10. Initiation of Litigation to Recover Property Damage
recommendation of the General Counsel to initiate litigation against
Humberto Gamino-Nunez and Acosta Construction to recover property
damage in Risk Management Claim No: R03769 is approved.
Mr. Cheney seconded the motion and it was approved unanimously.
11. Contract Option for Health & Welfare Consulting Services
Chair Danish stated that this was an item that was unanimously approved in the
Administrative Committee, chaired by Mr. Carrizales.
Mr. Cheney stated his concerns and inquired what is being done in the body of the
contract that is causing the increased amount. He felt that there was not enough
information to approve forwarding this item; therefore, he would vote against forwarding
it.
Chair Danish inquired as to what the time sensitivity for this issue was.
Ms. Lynda Jackson, Vice President of Human Resource, replied that she would respond
to Mr. Cheney's inquiries. Ms. Jackson briefed the committee as follows:
Health Welfare Consulting Contract Analysis
Ms. Wilkins stated she was concerned that DART would pay a person from this company
to write a Request for Proposal (RFP) that this company would be bidding on. Ms.
Jackson replied that would not occur because the DART Board had already approved the
extension item that eliminated the need to issue an RFP. Ms. Wilkins then asked if it was
standard for DART to use a consultant to write an RFP. Ms. Jackson affirmed and
clarified that it was done for both the medical and the dental.
Chair Danish inquired if this item could be revisited at the April loth meeting. Ms.
Jackson replied yes.
Ms. Wilkins asked a member of the Administrative committee to give further direction on
this item. Mr. Christian stated that Ms. Jackson had responded to the issues that the
Administrative committee had inquired about in regards to the dental and the amount of
03.20.2012 Committee-of-the-Whole Minutes. docx 3 4/3/2012; 8:00 am
the cost of the option year and the timing of the sensitive time items, if a decision was
made by the Board.
Mr. Chrisman motioned for approval of draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to, subject to legal
sufficiency review and approval, to execute to exercise a contract option for health
and welfare benefits consulting services with Buck Consultants, LLC, [Contract No.
C-I016200-01] to:
Section 1: Extend the contract term by 6-months.
authorized amount not to exceed $704,915. (with Minus the $55)
Ms. Cheney remarked that part of the reason he became so concerned was that it seemed
that on the short time he has been on the Board that they are offered the opportunity to
approve options or extensions of contracts when the time is at an end. His concern is that
the Board is not given sufficient time to decide if an option might be extended or whether
it ought to go out as a new RFP for rebid. Mr. Cheney felt that staff ought to do a better
job of tracking where DART stands on its options and renewals of contracts in order to
get them to the Board on a timely basis. Mr. Thomas responded that a presentation was
given by Mr. John Adler, Vice President of Procurement, on this topic to the Board. He
stated that although the Board may not be approving the option year, they are approving
the dollars upfront in the agenda reports. Mr. Thomas stated that staff would back the
option approvals up so that the Board would have more time. Mr. Cheney stated that he
was not questioning the front end of the contracts when it is a three-year contract; he felt
that the Board is not given enough data and facts to make an informed decision. Mr.
Cheney requested to see a more in depth presentation on the economics of the option
period as opposed to grunt level dollars compared to base periods.
Mr. Velasco remarked that he recalled that there used to be an RFP calendar and inquired
if one was still available. Mr. Steve Salin, Vice President of Rail Planning stated that it
was now located on-line.
12. Approval of a Site-Specific Shuttle Agreement with McKinney Avenue Transit
Authority (MAT A)
Mr. Carlson moved to approval of a draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to execute a two-year
site specific shuttle service agreement with the McKinney Avenue Transit
Authority in the amount not to exceed $650,000, and in substantially the
form shown in Exhibit 1
Items for Initial Committee Consideration:
13. Authorization to Execute a License Agreement with Collin County for an At-Grade
Road Crossing
Mr. Chrisman inquired for further infonnation on the closing of two crossing that would
be credited toward this crossing.
Ms. Nonna De La Garza-Navarro, Vice President of Commuter Rail, replied that DART
had a broad policy, but have a practice of asking for two closures for everyone that is
opened.
Mr. Christian inquired if there were any legal issues due to the lack of policy. Ms. De La
Garza-Navarro restated that the DART policy was broad enough to mention the need to
eliminate or reduce the number of crossings although it does not specifically mention a
two for one crossing.
Chair Danish inquired where the location of the crossing was. Ms. De La Garza-Navarro
stated it was in Melissa, TX.
Mr. Tsao inquired as to the geographic location of the crossing. Ms. De La Garza
Navarro restated the location was approximately 38 miles from Dallas, TX.
Ms. De La Garza-Navarro briefed the committee (slides on file with the Office of Board
Support) as follows:
Map of Collin County
City of Dallas Road Closures
Mr. Tsao asked if there was a cost associated with this crossing. Ms. De La Garza
Navarro stated DART would not be responsible for any of the cost which would be
handled be Collin County.
Ms. Ellerbe motioned to move forward to the Committee of the Whole Final
Consideration Consent Agenda a draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to execute a License
Agreement with Collin County for construction of an At-Grade Railroad crossing to
be known as Collin County Outer Loop Segment 1, as shown on Exhibit 1 to this
resolution.
14. Exercise Contract Option for 12-Volt Maintenance-Free Bus Batteries
Ms. Ellerbe motioned to move forward to the Committee of the Whole Final
Consideration Individual Agenda a draft resolution stating that the
PresidentlExecutive Director or his designee is authorized to execute a contract
option for 12-volt maintenance-free batteries with Stewart and Stevenson [Contract
No. C-I017755-01] to:
Section 1: Exercise the final one-year option.
authorized amount not to exceed $472,038.
Mr. Chrisman seconded the motion and the item was forwarded by a majority vote
with Mr. Cheney abstaining.
Mr. Cheney requested information on the number of batteries being purchased and the
price of batteries to confirm that comparisons are made.
15. *Current and Future Regional Transportation Council Meeting Agenda Items of
Interest to DART
Mr. Michael Miles, Senior Manager of Government Relations, briefed the Committee
(slides on file with the Office of Board Support) as follows:
RTC Meeting Update
Agenda
RTC Legislative Subcommittees
Transportation Funding Initiative Timeline
Revenue Options
Subcommittee #1 - Legislative Fundamentals
Subcommittee #2 - Partnerships
Subcommittee #3 - Funding Source
Subcommittee #4 - Legislative & Communications
Mr. Strauss entered the meeting at 5:03 p.m.
March 8 RTC Meeting
JAiRC & New Freedom Project Recommendations
Chair Danish requested that the acronyms of JARC be given. Mr. Miles replied that
JARC stood for Job Access and Reverse Commute.
Ms. Wilkins remarked that the Garland City Council questioned if DART was in
conjunction with the City of Mesquite in requesting funding for the service that DART is
providing. Mr. Todd Plesko, Vice President of Planning and Development, responded
that the City of Mesquite had made that request from the North Central Texas Council of
Government (NCTCOG) in relation to the service that DART operates in conjunction
with them; however, DART was not part of the grant. Mr. Plesko further explained that
the grants that other entities were searching for were for service that was not operated by
DART.
Mr. Slagel requested an explanation on the process for the projects. Mr. Miles explained
the process in detail.
Mr. Christian inquired how the funds were allocated to the cities' projects in regards to
the funding. Mr. Miles stated that he was unable to give an educated answer to that
question; however, he would inquire.
JAiRC & New Freedom Project Recommendations (continued)
Speedway Line Map
Mr. Cheney requested further information and support in regards to the Board's decision
of the City of Mesquite's service. He inquired when would the Board reevaluate its
decision. Chair Danish referenced the details of the resolution for the Mesquite service
and stated that there was no data yet to base a decision. Mr. Cheney replied he
understood all his arguments; however, Garland's City Council had requested his
presence to elaborate on DART's decision several times. Mr. Cheney stated that they
have once again requested he appear at their work session. Garland's City Council had
requested he attend the day before, unfortunately, he was unable to attend; the next
meeting date he must attend will be Monday, April 2, 2012 to justify DART Board's
actions on the Mesquite model that they had rejected. Mr. Cheney remarked that this
will be the 5
th
or 6
th
consecutive month that he has been asked to appear before the City
Council.
Mr. David Schulze, Assistant General Counsel, interjected that a complete discussion on
the Mesquite service was beyond the subject matter that was posted and counseled
against any further in-depth discussion. He encouraged that it be posted for a full
discussion at another meeting and return to the item at hand.
Chair Danish asked the Board to consider on Agenda Item 16., Identification of Future
Agenda Items, taking a majority vote in the near future on whether or not the Mesquite
model should be entertained before at least one quarter of data is received.
Mr. Cheney agreed, while he felt that Chair Danish's discussion at this point is only
related to operating costs and expense analysis. He stated it was not dealing with some
form of a capital contribution, which is the bone of contention. Mr. Cheney stated that if
the model is brought back for discussion, it should be brought back with some discussion
of that and he felt the City of Garland would be in agreement. Mr. Thomas replied that
he would have staff explain how the policy was created, which does include capital
appreciation.
Ms. Wilkins inquired, in regards to the $2B that the Texas Department of Transportation
(TxDOT) reported found, if a discussion was coming up in a forum. Mr. Miles stated that
it was announced in the Regional Transportation Council (RTC) February meeting and
that infom1ation was mentioned at that point; his understanding was that the money was
state funding that was primarily for highway commitments. Ms. Wilkins remarked that
although staff is probably working on submitting projects, if DART does not submit some
things quickly, the money will be allocated to someone else. Mr. Miles replied that Ms.
Wilkins brought up a good point. He stated that he was unsure how they could intervene,
23
rd
however, their first opportunity would be on Friday, March at the Surface
Transportation Technical Committee (STTC) meeting were the agenda items will be
reviewed again. Mr. Miles said they could raise those questions at that time. Ms.
Wilkins stated, with all due respect to the staff, sometimes she felt that DART should be
proactive especially when it comes to NCTCOG, because every time she hears a report of
what is transpiring with them, she hears it after the decisions have been made.
Mr. Chrisman opinioned that it seemed that the RTC did things their own way with no
regard for others' opinions. In regards to the 66% that should stay in Dallas County, it
somehow gets voted piecemeal into a majority for Tarrant County. Mr. Chrisman
inquired how many votes DART had. Mr. Miles explained there were a total of 43
members on the RTC and each one is a voting member. Mr. Chrisman asked if DART
only has one vote. Mr. Miles agreed, but elucidated that the each member city also had
representative which made it a larger entity. Mr. Chrisman inquired how many votes do
the member cities have versus the total. Mr. Miles stated the total was 18 votes of the 43
votes for the member cities. Mr. Chrisman then asked if they were meeting before the
RTC meetings occurred. Mr. Miles replied that they meet quarterly due to dealing with
elected officials and a number of DART Board members have attended these meetings.
Mr. Chrisman stated he understood the need for the quarterly meeting, however, he felt
the meetings may need to occur more often.
Ms. Ellerbe stated one of her questions was answered in regards to DART applying for
nine projects and only getting one approved, which was for bus route 404. She inquired if
the money is for reverse commute, and DART is primarily the provider, how come
DART does not receive the money. Then DART can make the arrangement with the non
member cities instead of giving it to the non-member cities to circumvent DART's
requirement to be a melnber city. Mr. Miles responded that therein lies the question of
the regional issue. Ms. Ellerbe asked if that question has ever been asked.
Mr. Slagel interjected his belief is that these are federal funds and federal funds are
required to be allocated by an Metropolitan Planning Organization (MPO) and the RTC is
the independent transportation policy body of the MPO. He stated that these were federal
funds and under those guidelines, the funds would not come to DART to allocate. Ms.
Ellerbe replied that she was not referencing to the allocation of the funds. She felt that if
someone was going to encourage reverse commute, than that someone should be paying
the provider some revenue. She felt that the alliance did not make any sense to her
either. She stated that she agreed with Mr. Chrisman's sentiments and then voiced her
concerns that a small group of people are able to determine where billions of dollars are
allocated.
Mr. Slagel remarked that the RTC should not be a mystery. He stated that it was set up
so that it is represented reasonably evenly across the region, however it does not give
favor to the transportation authorities. He understood that everyone battles with that
representation. He stated that if DART continues to be as active as possible in the
decisions that are being brought forth, then DART can make an impact on how the
process works.
Ms. Ellerbe stated that she agreed that DART needed to find a way to work together. She
remarked with all due respect to Mr. Slagel, some transit entities do get funds from the
MPO.
Mr. Tsao echoed Mr. Slagel earlier remarks. He suggested that in the future, during the
RTC Luncheons, DART ought to bring more direction on agenda items instead of
continuous briefing items. He seconded the words of Mr. Slagel and stated that DART
should be proactive in a more unified force to influence the process of the RTC.
Other Items:
16. Identification of Future Agenda Items
Chair Danish reiterated his request that the Board take a majority vote in the near future
on whether or not the Mesquite model should be entertained before at least one quarter of
data is received.
17. Adjournment
There being no further business to discuss, the meeting was adjourned at 5:43 p.m.
~ ~ a
Josefina Chavira, CAP
Board/Committee Secretary
/jc
* Briefing Item
+ Same Night Item
@ Unanimous Approval at Committee
Agenda Report
Committee-of-the-Whole
Voting Requirements:
Majority
DATE: April 10, 2012
SUBJECT:
Authorization to Execute a License Agreement with Collin County for an

At-Grade Road Crossing
RECOMMENDATION
Approval of a resolution that will authorize the President/Executive Director or his designee to execute
a License Agreement with Collin County for construction of an at-grade railroad crossing to be known
as Collin County Outer Loop Segment 1, as shown on Exhibit 1 to the Resolution.
COMMITTEE CONSIDERATIONS
. On March 6, 2012 the Security, Safety, Public Relations & Operations Committee moved to
forward this item to the March 20, 2012 Committee-of-the-Whole Agenda for Initial
Consideration.
. On March 20, 2012 the Committee-of-the-Whole moved to forward this item to the April 10,
2012 Committee-of-the-Whole for Final Consideration.
FINANCIAL CONSIDERATIONS
. DART shall incur no cost for this License Agreement with Collin County, nor any cost for the
design and construction of the grade crossing.
BUSINESS PURPOSE
. Railroad Management staff received a request in December 2006 from Collin County for
preliminary review of alignment of a new road.
. Approval of this resolution will help achieve the Board Strategic Priority II: Manage System
Development and Maintain Infrastructure.
. On February 27, 1996 (Resolution No. 960033), the Board approved the DART Rail Corridor
Preservation and Use Policy, which states that DART shall retain all existing railroad corridors
with at least a 100-foot width where possible. The policy further states that the corridors should
be managed to reduce the number of public and private at-grade crossings by closure of street
crossings or elimination of railroad activity.
. The alignment would be known as Collin County Outer Loop Segment 1. This new Segment is a
AGENDA ITEM NO. 2
LicenseAgreementw/CollinCoforroadcrossing-COTW2 3/22/201210:08:35AM 1
4.6 mile section between US-75 and SH-121. This proposed crossing is part of the future
west-bound frontage road. The Outer Loop would eventually consist of grade separated main
lanes, with frontage roadways at-grade. The future east-bound frontage and main lanes are to be
built when traffic conditions warrant, possibly 10-20 years.
. In April 2009, DART sent application and procedures to Collin County for formal review of the
Outer Loop plans. DART also notified Collin County of the "2 for 1" practice.
. Design plans were reviewed and approved by DART Engineering in December 2009, with the
provision for closure of 2 roads to open 1 new road.
. In February 2011, Collin County, aware of the DART "2 for 1" practice, elected to construct
portions of the roadway not affected by DART policy and work on finding the two roads to close.
. In October 2011, Collin County met with City of Dallas to discuss the Collin County Outer Loop
and requested the use of two City of Dallas Road Closures to meet DART's "2 for 1" requirement.
The City agreed to transfer two of the City's closures to Collin County.
. On February 8, 2012, the City of Dallas approved a Council Resolution to transfer two closed
roadways, named Walters Lane and Oak Downs Avenue, within the DART service area, to Collin
County.
. Collin County requests the use of the two closed roads (controlled by the City of Dallas) as their
fulfillment of DART's "2 for 1" practice for the opening of Collin County Outer Loop Segment 1
at-grade crossing.
LEGAL CONSIDERATIONS
Section 452.054 of the Texas Transportation Code authorizes DART to acquire, by any means,
property necessary, convenient, or useful to the exercise of DART's powers.
DART's Rail Corridor Presrvation and Use Policy, Resolution No. 960033 dated February 27, 1996,
states that DART's rail corridors should be managed to reduce the number of public and private
at-grade crossings by closure of the street crossing or elimination of railroad activity.
LicenseAgreementw/CollinCoforroadcrossing-COTW2 3/22/201210:08:35AM 2
DRAFT
RESOLUTION
of the
DALLAS AREA RAPID TRANSIT BOARD
(Executive Committee)
Authorization to Execute a License Agreement with Collin County for an At-Grade Road
Crossing
WHEREAS, on February 27, 1996 (Resolution No. 960033), the Board approved the DART Rail
Corridor Preservation and Use Policy, which states that DART shall retain all existing railroad
corridors with at least a 100-foot width where possible. The policy further states that the corridors
should be managed to reduce the number of public and private at-grade crossings by closure of street
crossings or elimination of railroad activity; and
WHEREAS, DART has reviewed and approved the application and engineering plans for the Collin
County Outer Loop Segment 1 at-grade road crossing; and
WHEREAS, DART considers the two roads (Walters Lane and Oak Downs Avenue) that Collin
County proposes to use as "closed at-grade crossings", to be properly closed; and
WHEREAS, the license agreement has no financial impact on DART.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors that
the President/Executive Director or his designee is authorized to execute a License Agreement with
Collin County for construction of an at-grade railroad crossing to be known as Collin County Outer
Loop Segment 1, as shown on Exhibit 1 to this resolution.
License Agreement w/Collin Co for road crossing-COTW2 1
Authorization to Execute a License Agreement with Collin County for an At-Grade Road
Crossing
Vice President
Commuter Rail and Railroad Management
Approved by: U.
H.
Senior Vice President
Rail Program Development
Approved as to form:
r H)TattYeQSi,lnmons
General Counsel
Approved by:
License Agreement w/Collin Co for road crossing 2
3
1
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Miles
Source data compiled from GIS Database and the Engineering Department.
This map is a graphic representation of Collin County and
the Outer Loop Study and should only be used
for illustrative purposes. In no way should this map be used to settle any
boundary disputes or locational conflict.
November 2011
Legend
Numbered Segments
1
3
5
2
4
US 75 - SH 121
FM 6 - Rockwall Co.
DNT - US 75
US 380 - FM 6
SH 121 - US 380
Collin County
Outer Loop
License Agreement w/Collin Co for road crossing-COTW2 3/22/2012 10:08:35 AM 1
Attachment 1
DGNO Railroad
Proposed Crossing
Collin Co. Outer Loop
Exhibit 1
CityofDallasRoadClosures
Exhibit1
(page2)
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A
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1
Agenda Report
Attachment:
1. Location Maps
Majority
SUBJECT:
Multiple Use Agreement between DART and Texas Department of

Operate the DART LRT Orange Line within TxDOT Highway Rights-of-Way
Located on the Irving-1 and Irving-2 Line Sections
RECOMMENDATION
Approve a resolution authorizing the President/Executive Director or his designee to execute a
Multiple Use Agreement, substantially in the form attached to the resolution as Exhibit 1, with TxDOT
to permit DART to construct, maintain and operate the DART LRT Orange Line within TxDOT
rights-of-way located on the Irving-1 and Irving-2 Line Sections.
. On March 20, 2012 the Rail Program Committee moved to forward this item to the April 10, 2012
Committee-of-the-Whole for Final Consideration.
. There is no financial impact to DART by entering into this agreement.
. DART's responsibilities for construction, maintenance and operations under this agreement are
substantially similar to our responsibilities for construction, maintenance and operations of any
light rail segment and as such, any associated costs are included in the DFW/Irving project budget
and the LRT Capital and Operating Expense line items of the FY 2012 Twenty-Year Financial
Plan.
BUSINESS PURPOSE
. On November 14, 1995 (Resolution No. 950260), the Board approved the Transit System Plan
that includes the DFW/Irving Corridor (Orange Line).
. The Multiple Use Agreement covers the DART LRT Orange Line within TxDOT rights-of-way;
Loop 354, Spur 482, IH-35E, Loop 12, SH 114, Spur 348 and SH-161. The use of the property is
at no cost to DART.
. DART is currently under construction in the DFW/Irving corridor, with revenue service for I-1
scheduled for July 30, 2012, and December 13, 2012, for I-2.
AGENDA ITEM NO. 3
MultipleUseAgreementbetweenDARTandTxDOTinIrving-COTW2 3/22/20129:54:28AM 1
. Approval of this agreement will help achieve the Board Strategic Priority II: Manage System
Development & Maintain Infrastructure.
. The Board has been mailed a confidential packet under separate cover outlining the details of the
proposed agreement.
Section 452.054(a) of the Texas Transportation Code, grants Dallas Area Rapid Transit (DART)
authority to exercise all powers necessary or useful in the construction, repair, maintenance or
operations of the public transportation system.
The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code grants DART authority to
contract or agree with another local government to perform governmental functions and services.
MultipleUseAgreementbetweenDARTandTxDOTinIrving-COTW2 3/22/20129:54:28AM 2

Attachment 1
Multiple Use Agreement between DARTand TxDOT in Irving-COTW2 3/22/2012 9:54:28 AM 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1

Attachment 1
DRAFT
RESOLUTION
of the
Multiple Use Agreement between DART and Texas Department of Transportation (TxDOT) to
Permit DART to Construct, Maintain and Operate the DART LRT Orange Line within
TxDOT Highway Rights-of-Way Located on the Irving-l and Irving-2 Line Sections
WHEREAS, on November 14, 1995 (Resolution No. 950260), the Board approved the Transit
System Plan that includes the DFW IIrving Corridor (Orange Line); and
WHEREAS, Line Sections I-I and 1-2 are in the DFW/Irving Corridor and construction is underway;
and
WHEREAS, DART has requested the State of Texas (TxDOT) to permit construction, maintenance
and operation of the DART LRT Orange Line within TxDOT rights-of-way located on the Irving-l
and Irving-2 Line Sections; and
WHEREAS, funding for the associated real estate activities is within current Budget and FY 2012
Twenty-Year Financial Plan.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit (DART) Board of
Directors that the PresidentlExecutive Director or his designee is authorized to execute a Multiple
Use Agreement, substantially in the form attached hereto as Exhibit 1, with Texas Department of
Transportation (TxDOT) to permit DART to construct, maintain and operate the DART LRT Orange
Line within TxDOT rights-of-way located on the Irving-l and Irving-2 Line Sections.
Prepared bri--t1 #I ~ ~
Timothy H. McKay, .E.
Approved by;'
Multiple Use Agreement between DARTand TxDOT in Irving
DART Parcels for Multiple Use Agreement with TxDOT

Parcel Size Property Rights
I1-03A(E) 235,704 Multiple Use Agreement
I1-08E3 27,237 Multiple Use Agreement
I1-10B-1 14,238 Multiple Use Agreement
I1-10B-4 4,373 Multiple Use Agreement
I1-12 433,327 Multiple Use Agreement
I1-25-1 10,214 Multiple Use Agreement
I2-50A-1E 1,253 Multiple Use Agreement
I2-50A-2E 902 Multiple Use Agreement

EXHIBIT 1

Form 2044 (Rev. 04/2010)
(GSD-EPC)
Page 1 of 8
MULTIPLE USE AGREEMENT
For
DART Orange Line

STATE OF TEXAS

COUNTY OF TRAVIS

THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as State, party of the first part, and Dallas Area Rapid Transit
hereinafter called DART, party of the second part, is to become effective when fully executed by both
parties.

WITNESSETH

WHEREAS, on the ____ day of ___________ , 20___ , the governing body for the _______
______________, entered into Resolution/Ordinance No. ______________, hereinafter identified by
reference, authorizing DARTs participation in this agreement with the State; and

WHEREAS, DART has requested the State to permit the construction, maintenance and
operation of a public Light Rail Transit Line on the highway right of way of Loop 354, Spur 482,
IH35E, Loop 12, SH 114, Spur 348 and SH 161, referred to as the DART Orange Line, shown
graphically by the preliminary conceptual site plan in Exhibit A and being more specifically described
by metes and bounds of Exhibit B, which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that DART will enter into agreements with the state for the
purpose of determining the respective responsibilities of DART and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.
EXHIBIT 1

1. DESIGN AND CONSTRUCTION
AGREEMENT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:

DART
2. INSPECTION
has provided for the construction plans for the facility, and has provided for the construction
work of the rail installation as required by said plans at no cost to the State. Said plans shall include
the design of the access control, necessary horizontal and vertical clearances for highway structures,
rail facilities, adequate landscape treatment, adequate detail to ensure compliance with applicable
structural design standards, sufficient traffic control provisions, and general layout. Completed plans
will be submitted to State for review and approval and when approved shall be attached to the
agreement and made a part thereof in all respects. Construction shall not commence until plans have
been approved by the State. Any future revisions or additions shall be made after prior written
approval of the State.

Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.

3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 1
1
/
2
ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces

Parking shall be prohibited when a security threat, as determined by TxDOT, exists.

4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.

5. RESPONSIBILITIES
Maintenance and operation of the light rail facility shall be entirely the responsibility of DART. Such
responsibility shall not be transferred, assigned or conveyed to a third party without the advanced
written approval of the State. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the light rail facility in a clean and sanitary condition, and surveillance by police
patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or
unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the
grade line of the highway, nor shall the light rail facility subject the highway to hazardous or
unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow.
EXHIBIT 1

DART will be responsible for all maintenance of the light rail facility and any additional maintenance
work deemed by the State to be required as a result of the use of the State right of way. DART will
be responsible for any and all repairs for any portion of highway or structures within the State right of
way that are damaged and/or otherwise compromised as a result of the construction of the light rail
system by DART and to any structure, any sign foundation, guardrail or other appurtenance in the
State right of way.

DART will be responsible for any and all required utility relocations or adjustments that are directly
due to the light rail tract construction within the State right of way.

6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.

A. Retention Period. DART shall maintain all books, documents, papers, accounting records
and other evidence pertaining to fees collected and costs (hereinafter called the Records).
DART shall make the records available during the term of the Agreement and for four years
from the date the Agreement is terminated, until completion of all audits, or until pending
litigation has been completely and fully resolved, whichever occurs last.

B. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to DARTs records that are directly pertinent to
this Agreement for the purpose of making audits and examinations.

7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate.

8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the States judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be : (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.

9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.

EXHIBIT 1
10. RESTORATION OF AREA
DART shall provide written notification to the State that such facility will be discontinued for the
purpose defined herein. DART shall, within sixty (60) days from the date of said notification, clear the
area of all facilities that were its construction responsibility under this agreement and restore the area
to a condition satisfactory to the State.

11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.

12. INDEMNIFICATION
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.

Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.

When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the States written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility, and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.

Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and DART. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State and DART shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused DART to pay or disburse any sum of money hereunder.
13. HOLD HARMLESS
DART shall indemnify and save harmless the State and its officers and employees from all claims and
liability due to its materials or activities of itself, its agents, or employees, performed under this
agreement and that are caused by or result from error, omission, or negligent act of the party or of
any person employed by the party. DART shall also indemnify and save harmless the State from any
and all expense, including but not limited to attorney fees that may be incurred by the State in
litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of
such activities by DART, its agents, or employees authorized under this agreement. DART further
agrees to indemnify and save harmless the State from and against all claims, demands, and causes
of action of every kind and character brought by any employee of the party against the State due to
personal injuries and/or death to such employee resulting from any alleged negligent act by either
commission or omission on the part of the DART. The indemnification of the State shall extend for a
period of three (3) years beyond the date of termination of this agreement.

14. INSURANCE
DART, shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance and operation of the facility occupying such airspace or thereafter, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so.
Prior to beginning work on the States right of way, DARTs construction contractor shall submit to the
EXHIBIT 1
State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage
during the construction of the facility.

15. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the States
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.

16. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. DART shall be responsible for
obtaining such additional consent, permits or agreement as may be necessary due to this agreement.
This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and
public utilities.

17. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal-Aid Highway System, ATTACHMENT A, which states
additional requirements as set forth in the Federal Highway Administrations Title 23, Code of Federal
Regulations, 710, shall be attached to and become a part of this agreement.

18. CIVIL RIGHTS ASSURANCES
DART, for itself, its personal representatives, successors and interests and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)
no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facility; (2) that in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; (3) that DART
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.

19. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.

20. LEGAL CONSTRUCTION
EXHIBIT 1
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.

21. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. DART must provide
the State with access to any information the State considers relevant to the investigation or audit.
The audit can include, but is not limited to, any contract for construction or maintenance of any facility
or structure authorized by this agreement or any contract to provide a service to DART
Texas Department of Transportation
if that service
is authorized by this agreement.

22. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.

23. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:

STATE (Name of other party)
(Mailing Address) (Mailing Address)

Maintenance Division Real Estate
125 East 11
th
Street PO Box 660163
Austin, Texas 78701-2483 Dallas, TX 75266-7230

24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.

List of Attached Exhibits:

Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)

EXHIBIT 1
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the ___________
___________________ on the _______ day of ________________, 20_____, and the State
on the _______ day of __________________, 20_____.

Dallas Area Rapid Transit STATE OF TEXAS

Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
the orders, and established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Commission.
By:

President/Executive Director

Gary C. Thomas

Printed Name

By:
Date Director, Maintenance Division

Printed Name

Date

APPROVAL RECOMMENDED:

District Engineer

William L. Hale, P.E.
Printed Name

Date

EXHIBIT 1

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EXHIBIT B
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EXHIBIT E

Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements
as applicable with the Federal Highway Administrations Title 23, Code of Federal Regulations, 710.

1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.

2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.

3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.

4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.

EXHIBIT 1
Agenda Report
Attachment:
1. Location Maps
Majority
SUBJECT:
Multiple Use Agreement between DART and Texas Department of

Operate the DART LRT Blue Line within TxDOT Rights-of-Way Located on
the Rowlett-1 Line Section
RECOMMENDATION
Approve a resolution authorizing the President/Executive Director or his designee to execute a
Multiple Use Agreement,substantially in the form attached to the resolution as Exhibit 1, with TxDOT
to permit DART to construct, maintain and operate the Blue Line within TxDOT rights-of-way located
on the Rowlett-1 Line Section.
Committee-of-the-Whole for Final Consideration.
. There is no financial impact to DART by entering into this agreement.
. DART's responsibilities for construction, maintenance and operations under this agreement are
substantially similar to our responsibilities for construction, maintenance and operations of any
light rail segment and as such, any associated costs are included in the Rowlett-1 project budget
and the LRT Capital and Operating Expense line items of the FY 2012 Twenty-Year Financial
Plan.
BUSINESS PURPOSE
. On November 14, 1995 (Resolution No. 950260), the Board approved the Transit System Plan
that includes the Rowlett Corridor (Blue Line).
. The Multiple Use Agreement covers the DART LRT Blue Line within TxDOT rights-of-way
located on the Rowlett-1 Line Section, being parcels R1-94, R1-96, R1-99 and R1-107. The use
of the property is at no cost to DART.
. DART is currently under construction in the Rowlett-1 Line Section, with revenue service
scheduled for December 13, 2012.
AGENDA ITEM NO. 4
MultipleUseAgreementbetweenDARTandTxDOTinRowlett-COTW2 3/22/20129:55:52AM 1
. Approval of this agreement will help achieve the Board Strategic Priority II: Manage System
proposed agreement.
Section 452.054(a) of the Texas Transportation Code, grants Dallas Area Rapid Transit (DART)
The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code grants DART authority to
contract or agree with another local government to perform governmental functions and services.
MultipleUseAgreementbetweenDARTandTxDOTinRowlett-COTW2 3/22/20129:55:52AM 2

Attachment 1
Multiple Use Agreement between DART and TxDOT in Rowlett-COTW2 3/22/2012 9:55:52 AM 1

Attachment 1

Attachment 1
DRAFT
RESOLUTION
of the
Multiple Use Agreement between DART and Texas Department of Transportation (TxDOT) to
Permit DART to Construct, Maintain and Operate the DART LRT Blue Line within TxDOT
Rights-of-Way Located on the Rowlett-l Line Section
WHEREAS, on November 14, 1995 (Resolution No. 950260), the Board approved the Transit
System Plan that includes the Rowlett Corridor (Blue Line); and
WHEREAS, the Rowlett-1 Line Section construction is underway; and
WHEREAS, DART has requested the State of Texas (TxDOT) to permit construction, maintenance
and operation of the DART LRT Blue Line within TxDOT rights-of-way; and
WHEREAS, funding for the associated real estate activities is within current Budget and FY 2012
Twenty-Year Financial Plan.
Directors that the PresidentlExecutive Director or his designee is authorized to execute a Multiple
Use Agreement, substantially in the form attached hereto as Exhibit 1, with Texas Department of
Transportation (TxDOT) to permit DART to construct, maintain and operate the DART LRT Blue
Line within TxDOT rights-of-way located on the Rowlett-1 Line Section.
Prepared bY:---1. .JJ d! !h
Timothy H. McKay, P.E.
Approved by:
Multiple Use Agreement between DART and TxDOT in Rowlett 1
DART Parcels for Multiple Use Agreement with TxDOT

Parcel Size Property Rights
R1-94 14,024 Multiple Use Agreement

EXHIBIT 1

Form 2044 (Rev. 04/2010)
(GSD-EPC)
Page 1 of 8
MULTIPLE USE AGREEMENT
For
DART Blue Line

STATE OF TEXAS

COUNTY OF TRAVIS

THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as State, party of the first part, and Dallas Area Rapid Transit
hereinafter called DART, party of the second part, is to become effective when fully executed by both
parties.

WITNESSETH

WHEREAS, on the ____ day of ___________ , 20___ , the governing body for the _______
______________, entered into Resolution/Ordinance No. ______________, hereinafter identified by
reference, authorizing DARTs participation in this agreement with the State; and

WHEREAS, DART has requested the State to permit the construction, maintenance and
operation of a public Light Rail Transit Line on the highway right of way of SH 66, SH 78, , referred to
as the DART Blue Line R-1 Extension, shown graphically by the preliminary conceptual site plan in
Exhibit A and being more specifically described by metes and bounds of Exhibit B, which are
attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that DART will enter into agreements with the state for the
purpose of determining the respective responsibilities of DART and the State with reference thereto,
and conditioned that such uses are in the public interest and will not damage the highway facilities,
impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the state.

1. DESIGN AND CONSTRUCTION
AGREEMENT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:

DART
2. INSPECTION
has provided for the construction plans for the facility, and has provided for the construction
work of the rail installation as required by said plans at no cost to the State. Said plans shall include
the design of the access control, necessary horizontal and vertical clearances for highway structures,
rail facilities, adequate landscape treatment, adequate detail to ensure compliance with applicable
structural design standards, sufficient traffic control provisions, and general layout. Completed plans
will be submitted to State for review and approval and when approved shall be attached to the
agreement and made a part thereof in all respects. Construction shall not commence until plans have
been approved by the State. Any future revisions or additions shall be made after prior written
approval of the State.

Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.

3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 1
1
/
2
ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces

Parking shall be prohibited when a security threat, as determined by TxDOT, exists.

4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or
explosive loads and prohibiting use of the area in any manner for peddling, advertising or other
purposes not in keeping with the objective of a public facility. The erection of signs other than those
required for proper use of the area will be prohibited. All signs shall be approved by the State prior to
the actual erection.

5. RESPONSIBILITIES
Maintenance and operation of the light rail facility shall be entirely the responsibility of DART. Such
responsibility shall not be transferred, assigned or conveyed to a third party without the advanced
written approval of the State. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the light rail facility in a clean and sanitary condition, and surveillance by police
patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or
unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the
grade line of the highway, nor shall the light rail facility subject the highway to hazardous or
unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow.
EXHIBIT 1

DART will be responsible for all maintenance of the light rail facility and any additional maintenance
work deemed by the State to be required as a result of the use of the State right of way. DART will
be responsible for any and all repairs for any portion of highway or structures within the State right of
way that are damaged and/or otherwise compromised as a result of the construction of the light rail
system by DART and to any structure, any sign foundation, guardrail or other appurtenance in the
State right of way.

DART will be responsible for any and all required utility relocations or adjustments that are directly
due to the light rail tract construction within the State right of way.

6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to
defray the cost of construction, maintenance and operations thereof, and shall be subject to State
approval.

A. Retention Period. DART shall maintain all books, documents, papers, accounting records
and other evidence pertaining to fees collected and costs (hereinafter called the Records).
DART shall make the records available during the term of the Agreement and for four years
from the date the Agreement is terminated, until completion of all audits, or until pending
litigation has been completely and fully resolved, whichever occurs last.

B. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General,
and the Comptroller General shall have access to DARTs records that are directly pertinent to
this Agreement for the purpose of making audits and examinations.

7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate.

8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging the highway
facility, impairing safety or that the facility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the States judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may be : (1) modified if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.

9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State.

EXHIBIT 1
10. RESTORATION OF AREA
DART shall provide written notification to the State that such facility will be discontinued for the
purpose defined herein. DART shall, within sixty (60) days from the date of said notification, clear the
area of all facilities that were its construction responsibility under this agreement and restore the area
to a condition satisfactory to the State.

11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.

12. INDEMNIFICATION
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.

Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.

When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the States written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility, and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.

Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and DART. Additionally, this agreement shall not ever be construed as relieving any third
party from any liability against the State and DART shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused DART to pay or disburse any sum of money hereunder.
13. HOLD HARMLESS
DART shall indemnify and save harmless the State and its officers and employees from all claims and
liability due to its materials or activities of itself, its agents, or employees, performed under this
agreement and that are caused by or result from error, omission, or negligent act of the party or of
any person employed by the party. DART shall also indemnify and save harmless the State from any
and all expense, including but not limited to attorney fees that may be incurred by the State in
litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of
such activities by DART, its agents, or employees authorized under this agreement. DART further
agrees to indemnify and save harmless the State from and against all claims, demands, and causes
of action of every kind and character brought by any employee of the party against the State due to
personal injuries and/or death to such employee resulting from any alleged negligent act by either
commission or omission on the part of the DART. The indemnification of the State shall extend for a
period of three (3) years beyond the date of termination of this agreement.

14. INSURANCE
DART, shall provide necessary safeguards to protect the public on State maintained highways
including adequate insurance for payment of any damages which might result during the construction,
maintenance and operation of the facility occupying such airspace or thereafter, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so.
Prior to beginning work on the States right of way, DARTs construction contractor shall submit to the
EXHIBIT 1
State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage
during the construction of the facility.

15. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the States
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.

16. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. DART shall be responsible for
obtaining such additional consent, permits or agreement as may be necessary due to this agreement.
This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and
public utilities.

17. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal-Aid Highway System, ATTACHMENT A, which states
additional requirements as set forth in the Federal Highway Administrations Title 23, Code of Federal
Regulations, 710, shall be attached to and become a part of this agreement.

18. CIVIL RIGHTS ASSURANCES
DART, for itself, its personal representatives, successors and interests and assigns, as part of the
consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)
no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facility; (2) that in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person on the ground of race, color, sex,
age, national origin, religion or disabling condition, shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; (3) that DART
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any
shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.

19. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.

20. LEGAL CONSTRUCTION
EXHIBIT 1
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.

21. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement. DART must provide
the State with access to any information the State considers relevant to the investigation or audit.
The audit can include, but is not limited to, any contract for construction or maintenance of any facility
or structure authorized by this agreement or any contract to provide a service to DART
Texas Department of Transportation
if that service
is authorized by this agreement.

22. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.

23. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:

STATE (Name of other party)
(Mailing Address) (Mailing Address)

Maintenance Division Real Estate
125 East 11
th
Street PO Box 660163
Austin, Texas 78701-2483 Dallas, TX 75266-7230

24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.

List of Attached Exhibits:

Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)

EXHIBIT 1
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the ___________
___________________ on the _______ day of ________________, 20_____, and the State
on the _______ day of __________________, 20_____.

Dallas Area Rapid Transit STATE OF TEXAS

Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out
the orders, and established policies or work
programs heretofore approved and
authorized by the Texas Transportation
Commission.
By:

President/Executive Director

Gary C. Thomas

Printed Name

By:
Date Director, Maintenance Division

Printed Name

Date

APPROVAL RECOMMENDED:

District Engineer

William L. Hale, P.E.
Printed Name

Date

EXHIBIT 1

EXHIBIT A
EXHIBIT 1

EXHIBIT B
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1

(10, 280 Square Feet)
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT E

Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements
as applicable with the Federal Highway Administrations Title 23, Code of Federal Regulations, 710.

1. Any significant revision in the design or construction of the facility shall receive prior approval by
the Texas Department of Transportation subject to concurrency by the FHWA.

2. Any change in the authorized use of airspace shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.

3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas
Department of Transportation approval subject to concurrence by the FHWA.

4. This agreement will be revocable in the event that the airspace facility ceases to be used or is
abandoned.

EXHIBIT 1
Agenda Report
Attachments:
1. Exercise Option Analysis
2. D/M/WBE Details
Majority
SUBJECT:

Exercise Contract Option for 12-Volt Maintenance-Free Bus Batteries
RECOMMENDATION
Approval of a resolution authorizing the President/Executive Director or his designee to execute a
contract option for 12-volt maintenance-free bus batteries with Stewart and Stevenson [Contract No.
C-1017755-01] to: 1) exercise the final one-year option; and 2) increase the not-to-exceed amount by
$165,660, for a new total authorized amount not to exceed $472,038.
. On March 6, 2012 the Security, Safety, Public Relations & Operations Committee moved to
forward this item to the March 20, 2012 Committee-of-the-Whole Agenda for Initial
Consideration.
. On March 20, 2012 the Committee-of-the-Whole moved to forward this item to the April 10,
2012 Committee-of-the-Whole for Final Consideration.
. This contract option for 12-volt maintenance-free bus batteries is included in the Maintenance
Department's approved FY 2012 operating budget.
. Sufficient funding for this contract option in the amount of $165,660 is included in both the
Maintenance Department's FY 2012 Operating Expense Budget and the Operating Expense line
item of the FY 2012 Twenty-Year Financial Plan.
BUSINESS PURPOSE
. DART's fleet consists of 627 buses and each bus requires four batteries. The batteries are 12-volt,
maintenance-free, requiring no preventive maintenance or service, and are designed for the
ambient conditions in the Dallas area.
. Approval of this contract option will help achieve the Board Strategic Priority II: Manage System
Development and Maintain Infrastructure.
AGENDA ITEM NO. 5
OptionforBusBatteries-COTW2 3/22/201210:10:08AM 1
. The following table identifies the history of this contract from date of award:
Date Action
Contract
Change
Amount
Total
Board
Authorized
Amount
4/14/10
Awarded Contract Below Board
Threshold
$149,700
3/22/11
Exercise 1st One-Year Option
Resolution No. 110025
$156,678 $306,378
PROCUREMENT CONSIDERATIONS
. The base term of the contract is one-year from the award date of April 13, 2010, and the contract
provides for two, one-year option.
. The pricing for the exercise of the option year is determined to be fair and reasonable.
. The contract modification analysis is provided as Attachment 1.
D/M/WBE CONSIDERATIONS
. The goals for this contract were established by DART's Board of Directors in 2004 at 25% MBE
and 5% WBE participation.
. Stewart and Stevenson, the prime contractor, has no direct MWBE participation for the contract
option period.
. The MWBE analysis and the Equal Employment Opportunity (EEO-1) report information for the
company are included in Attachment 2. The prime contractor's actual EEO-1 report is available
upon request.
. Section 452.055 of the Texas Transportation Code authorizes DART to contract for the provision
of goods and services.
OptionforBusBatteries-COTW2 3/22/201210:10:08AM 2
Attachment 1

Dallas Area Rapid Transit Authority
CONTRACT OPTION ANALYSIS
Modification No. 02

Contract Information

A. Contract Description: Heavy Duty 12-Volt Maintenance-free Batteries

B. Contractor: Stewart and Stevenson

C. Contract Number: C-1017755-01

D. Contractual Action: Exercise second option year

E. Current Contract Amount: Not to exceed $306,378

F. Contract Option Amount: Not to exceed $165,660

G. New Contract Amount: Not to exceed $472,038

H. Contract Type: Indefinite Quantity/Indefinite Delivery

I. Current Term of Contract/Performance Period: April 14, 2010 April 13, 2012

J. Remaining Options Available: None

K. Price Considerations: The initial contract award was based on full and open competition,
and all bids were inclusive of option year pricing. Prices were determined to be fair and
reasonable based on a review of similar type batteries with Houston Metro. DART is paying
comparable prices for similar type batteries. DART also received two open market quotes
and pricing was on average 30% more than Stewart and Stevensons option pricing.

L. Funding: Local

M. Determination of Responsibility:
Reference Check: Satisfactory
Financial Responsibility Survey: Satisfactory
Insurance Check: Yes
Debarred/Suspended list: Not on the debarred/suspended list.

Determination and Recommendation

Stewart and Stevenson is determined to be a responsible contractor for the option described
above. Therefore, execution of the contract option is recommended.

Option for Bus Batteries-COTW2 3/22/2012 10:10:08 AM 1
Attachment 2


MWBE CONSIDERATIONS

The goals for this contract were established by DARTs Board of Directors in 2004 at 25% MBE
and 5% WBE participation.

Stewart and Stevenson, the prime contractor, has no direct MWBE participation for the contract
option period.

Summary of EEO-1 Documents:

Stewart and Stevenson, is located in Houston, Texas and employs 146 individuals. The following
is an analysis of their EEO-1 report:

ASIAN BLACK HISPANIC
NATIVE
AM.

WHITE

TOTAL Percentage
MALES

2 12 28 0 89 131 89.73%
FEMALES 0 0 3 0 12 15 10.27%
TOTAL 2 12 31 0 101 146 100%
PERCENTAGE 1.37% 8.22% 21.23% 0% 69.18% 100%

Option for Bus Batteries-COTW2 3/22/2012 10:10:08 AM 1
DRAFT
RESOLUTION
of the
WHEREAS, DART's fleet consists of 627 buses and each bus requires four batteries. The
batteries are 12-volt, maintenance-free, requiring no preventive maintenance or service, and are
designed for the ambient conditions in the Dallas area; and
WHEREAS, the proposed price for this contract option is considered to be fair and reasonable;
and
WHEREAS, funding for this contract option is within current Budget and FY 2012 Twenty-Year
Financial Plan allocations.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors
that the President/Executive Director or his designee is authorized to execute a contract option for
12-volt maintenance-free batteries with Stewart and Stevenson [Contract No. C-1017755-01] to:
Section 1: Exercise the final one-year option.
Section 2: Increase the not-to-exceed amount by $165,660, for a new total authorized
amount not to exceed $472,038.
Prepared b Y : ~ O.dtj
Michael C. Hubbell
Vice President
Maintenance
Approved as to fonn: ~ ~
1o'Jfyattye O. Si mons
~ General Counsel
- ------
Approved by:
Option for Bus Batteries
Agenda Report
Attachment:
1. Location Maps
Majority
SUBJECT:
Authorization to Convey Easements to Atmos Energy Corporation for the

Compressed Natural Gas (CNG) Project
RECOMMENDATION
Approve a resolution authorizing the President/Executive Director or his designee to execute the
necessary documents to convey easements to Atmos Energy Corporation, for the CNG Project, as
described in Exhibit 1 of the resolution.
Committee-of-the-Whole for Initial Consideration.
. Conveyance of these easements has no financial impact on DART.
BUSINESS PURPOSE
. The easements illustrated in Attachment 1, and fully described in Exhibit 1 of the resolution, have
been identified as easements DART will convey to Atmos Energy Corporation.
. Easements are being conveyed at no cost to Atmos since they will provide the CNG required for
DART's conversion to CNG fuel.
. Approval of this conveyance will help achieve the Board Strategic Priority II: Manage System
proposed conveyance.
Section 452.054(a) of the Texas Transportation Code grants Dallas Area Rapid Transit (DART)
AGENDA ITEM NO. 6
ConveyanceofEasementstoAtmosfortheCNGProject-COTW1 3/22/201210:02:34AM 1
Section 452.054(c) authorizes DART to dispose of property and other interests necessary, convenient,
or useful to the exercise of any power granted to DART.
ConveyanceofEasementstoAtmosfortheCNGProject-COTW1 3/22/201210:02:34AM 2

Attachment 1
Conveyance of Easements to Atmos for the CNG Project-COTW1 3/22/2012 10:02:34 AM 1

Attachment 1

Attachment 1

Attachment 1
DRAFT
RESOLUTION
of the
Authorization to Convey Easements to Atmos Energy Corporation for the CNG Project
WHEREAS, Dallas Area Rapid Transit (DART) was created to provide a regional public
transportation system, and the acquisition of real property and the planning, design, engineering, and
construction of improvements thereon are functions fundamental to the provision of a public
transportation system; and
WHEREAS, these easements described in Exhibit 1 have been identified as easements DART will
convey to Atmos Energy Corporation; and
WHEREAS, conveyance of the easements to Atmos Energy Corporation is necessary for DART's
conversion to CNG fuel; and
WHEREAS, conveyance of these easements has no financial impact on DART.
Directors that the PresidentlExecutive Director or his designee is authorized to execute the necessary
documents to convey easements, as described in Exhibit 1, to Atmos Energy Corporation.
Prepared by: --il ~ k ! " ~
Timothy H. McKay, P.E.
Rail P gram Development
Approved by:
Conveyance of Easements to Atmos for the CNG Project
Atmos Energy Corporation Easements

Parcel Size Property Rights Conveyed
East Dallas Facility Easement 856 sq. ft. Permanent Easement
Northwest Bus Operations Facility
Easement 4,167 sq. ft. Permanent Easement
Paratransit Facility Easement 6,127 sq. ft. Permanent Easement

EXHIBIT 1
EXHIBIT "A' '
Lyi ng and si tuated i n the John Gri gsby Survey, Abstract No. 495, Dal l as County, Texas and bei ng
a part of Lot 1A, Bl ock Al B02 of Dart-East Dal l as Faci l i ty, an addi ti on to the Ci ty of Dal l as
accordi ng to the map or pl at thereof recorded i n Vol ume BB0B4, page 1079, Deed Records of
Dal l as County, Texas and bei ng more parti cul arl y descri bed as fol l ows:
COMMENCING at a 112-i nch i ron rod wi th a yel l ow
' A.8.&A.'
cap found at the west end of a 10-
foot by 10-foot corner clip at the intersection of the southwest right of way line of Peak Street (60
feet wide) with the southeast right of way line of Victor Street (a variable width) and being 653.21
feet N 44' 48' 07" E along said southeast right of way line from a 1|2-inch iron rod with a yellow
' A.B.&A."
cap found; Thence S 44' 48' 07" W, 100.00 feet to a 112-i nch i ron rod wi th a red
"Cor ner st one
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THENCE S 44" 48' 07" W. a distance of 10.00 feet to an
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THENCE N 45" 11' 53" W, 85.60 feet to a 1| 2-i nch i ron rod wi th a C.l . cap set on the southeast
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THENCE N 44" 48' 07" E, al ong sai d southeast ri ght of way l i ne, 10.00 feet to the Poi nt of
Begi nni ng and contai ni ng 856.0 square feet of l and more or l ess.
ABST495DALLAS
Page 1 of 2
EXHIBIT 1
Permanent Easement
BEARI NG BASI S: THE SOUTHEAST RI GHT OF wAY LI NE OF
VI CTOR STREET PER PLAT RECORDED I N VOL. 88084. PG.
I 079. DEED RECORDS OF DALLAS COUNTY, TEXAS
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KNOW ALL MEN 8Y THESE PRESENTS:
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THE RESULT OF A SURVEY MADE ON THE GROUND UNDER
MY PERSONAL SUPERVI SI ON ON MARCH 5. 2012 AND
ALL DI MENSI ONS ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE.
s 44' 48' 07" W
DART_EAST DALLAS FACI LI TY
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IN THE CITY OF DALLAS
DALLAS COUNTY, TEXAS
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EXHIBIT 1

EXHIBIT 1
Agenda Report
Majority
SUBJECT:

Approval of Quarterly Disclosure Update as of December 31, 2011
RECOMMENDATION
Approval of a resolution authorizing the issuance of a Quarterly Disclosure Update as of December 31,
2011 to the 2012 Annual Disclosure Statement in substantially the same form as shown in Exhibit 1 to
the Resolution.
. On March 20, 2012 the Budget and Finance Committee moved to forward this item to the April
10, 2012 Committee-of-the-Whole for Initial Consideration.
BUSINESS PURPOSE AND FINANCIAL CONSIDERATIONS
. On January 23, 2001, the Board approved the Master Debt Resolution (Resolution No. 010014)
and the First Supplemental Debt Resolution (Resolution No. 010015). The Master Disclosure
Statement and an Updated Disclosure Statement were approved as part of the First Supplemental
Debt Resolution.
. The Master Disclosure Statement is DART's representation to the investing community regarding
DART. This document is based on SEC best practices and exceeds normal disclosure documents.
This Statement is amended annually by DART.
. On March 6, 2012 (Resolution No. 120026), the Board approved the 2012 Annual Disclosure
Statement.
. The Quarterly Disclosure Update, dated April 24, 2012, provides updated unaudited financial
information about DART, as of December 31, 2011, and will be made available to potential
investors and on the DART website at www.DART.org.
. The discussion will help achieve the Board's Strategic Priority of Managing System Development
and Maintaining Infrastructure.
. Section 452.054 of the Texas Transportation Code authorizes DART to exercise all powers
necessary or convenient to carry out the purposes or the provisions of the statute.
AGENDA ITEM NO. 7
FY121Q-QDU-COTW1 3/22/201210:06:38AM 1
. Section 452.352 of the Texas Transportation Code authorizes DART to issue bonds.
FY121Q-QDU-COTW1 3/22/201210:06:38AM 2
DRAFT
RESOLUTION
of the
Approval of Quarterly Disclosure Update as of December 31, 2011
WHEREAS, on January 23, 2001, the Board approved the Master Debt Resolution (Resolution No.
010014) and the First Supplemental Debt Resolution (Resolution No. 010015). The Master
Disclosure Statement and an Updated Disclosure Statement were approved as pati of the First
Supplemental Debt Resolution; and
WHEREAS, on March 6, 2011 (Resolution No. 120026), the Board approved the 2012 Annual
Disclosure Statement; and
WHEREAS, DART desires to provide infonnation to the investing community regarding the
issuance of bonds; and
WHEREAS, DART desires to update the infonnation in the 2012 Annual Disclosure Statement and
any Supplemental Disclosure Statements on a quarterly basis.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors that
the President/Executive Director or his designee is authorized to issue the Quarterly Disclosure
Update dated April 24, 2012, in substantially the same form as shown in Exhibit 1 to this Resolution.
Prepared by:
avid Leininger
Chief F' nancial Officer
H
Approved by,'
FY121Q-QDU
Exhibit 1


Quarterly Disclosure Update
for the three-month period ended December 31, 2011
_____________________________________
This Quarterly Disclosure Update supplements the information contained in our 2012 Annual Disclosure
Statement dated March 6, 2012 (the 2012 Annual Disclosure Statement that has been filed as a public record
with the Municipal Securities Rulemaking Boards website at www.emma.msrb.org, and is posted on the Internet
at our website, www.dart.org. You may also obtain a free copy of this Quarterly Disclosure Update by contacting
us at the following address or telephone number: Vice President, Finance, DART, 1401 Pacific Avenue, Dallas,
Texas 75202, (214) 749-3148.
_______________________________________

GENERAL

We are posting and filing this Quarterly Disclosure Update to supplement our 2012 Annual Disclosure Statement
dated March 6, 2012. We continue to reserve the right to suspend or stop the postings on the Internet and the
quarterly updates at any time. However, we will always provide the annual and periodic information called for
under any undertaking made in compliance with Rule 15c2-12 under the Securities Exchange Act of 1934.
Whenever we use capitalized words in this Quarterly Disclosure Update, they refer to the defined terms that are
found in or incorporated by reference in the 2012 Annual Disclosure Statement. See, 2012 Annual Disclosure
Statement, Appendix B, SUMMARY OF CERTAIN TERMS OF MASTER DEBT RESOLUTION.
In this Quarterly Disclosure Update, we, our, us, and DART refer to Dallas Area Rapid Transit, a
subregional transportation authority under the Act.
The information in this Quarterly Disclosure Update is as of the date stated below, except for the unaudited financial
information included herein as Exhibit A, which is for the three-month period ended December 31 2011 .

YOU SHOULD CAREFULLY CONSIDER THE INVESTMENT CONSIDERATIONS IN THE 2011
ANNUAL DISCLOSURE STATEMENT.
FORWARD-LOOKING STATEMENTS

We make forward-looking statements in the 2012 Annual Disclosure Statement and in Quarterly Disclosure
Updates by using forward-looking words such as may, will, should, intends, expects, believes,
anticipates, estimates, or others. You are cautioned that forward-looking statements are subject to a variety
of uncertainties that could cause actual results to differ from the projected results. Those risks and uncertainties
include general economic and business conditions, conditions in the financial markets, our financial condition,
our sales tax revenues, receipt of federal grants, and various other factors that are beyond our control. Because
we cannot predict all factors that may affect future decisions, actions, events, or financial circumstances, what
actually happens may be different from what we include in forward-looking statements.

_____________________________
Dated: April 24, 2012

FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 1
Exhibit 1

QUARTERLY DISCLOSURE UPDATE

The 2012 Annual Disclosure Statement dated March 6, 2012, is updated by the following supplemental information:

Unaudited Financial Information
Audited financial statements for our fiscal year ended September 30, 2011, are attached as Appendix A to the 2012
Annual Disclosure Statement. An unaudited statement of our principal accounts for the three-month period ended
December 31, 2011 and December 31, 2010 is included as Attachment A to this Quarterly Disclosure Update. Such
quarterly financial statements should be read in conjunction with our annual financial statements. This information
is taken from our internal books and records that are created, maintained, and administered by DART in accordance
with generally accepted accounting principles. The use of reasonable estimates is a normal part of the preparation of
financial statements. Sales tax revenues included in the unaudited quarterly financial statements were accrued using
estimates. Actual sales tax receipts could, therefore, differ from those reported in the quarterly financial statements.
We believe that the unaudited financial information for the three-month period ended December 31, 2011, fairly
represents the financial position and operating results of DART and is complete as of, but no later than, such date.
However, you are cautioned that such financial information has not been audited or reviewed by any independent
accountants. We do not warrant or guarantee that subsequent audited information for these accounts for this three-
month period will not differ from the unaudited financial information presented herein and in Exhibit A.

Managements Comment Regarding Third Quarter Financial Information
DARTs unaudited financial statements for the three-month period ended December 31, 2011, and December 31,
2010, show sales tax revenues as $111.5 million and $102.0 million, respectively, which indicates an increase of
9.3%. Our operating results for the three-month period ended December 31, 2011 reflect an operating loss of $140.1
million, compared to an operating loss of $132.1 million for the three-month period ended December 31, 2011. This
was primarily due to increased costs in depreciation and amortization and utilities mainly due to the opening and
operation of the Green Line extension to DARTs light rail system. The overall result for the three-month period
ended December 31, 2011 shows a decrease in net assets of $44.7 million since September 30, 2011.

DART maintains various cash reserves including a Financial Reserve Account that is funded with sales tax
collections that exceed budget during a given year, if any. In addition, the Board of Directors authorized the
establishment of a Capital Reserve Account. Should the Financial Reserve exceed $50 million, excess funds are
placed in the Capital Reserve Account. An affirmative vote of two-thirds of the Board is required to draw upon the
Financial and Capital Reserves, and the funds may be used for any purpose approved by the Board. For Fiscal Year
(FY) 2011, our sales tax receipts exceeded our sales tax budget by $8.5 million. Our Financial Standards require us
to move any overages to the Financial Reserve Account. These funds were moved in December 2011 and the
balance in the Financial Reserve Account as of December 31, 2011 was $31.6 million and the balance in the Capital
Reserve Account was $0. As of December 31, 2011, the Operating Fund balance was $717.9 million. We maintain
a working cash balance in the Operating Fund equal to at least one month of projected payments.

Financial Outlook
The Dallas/Fort Worth economy grew at a modest pace. DART has developed an FY 2012 Twenty-Year Financial
Plan that reflects a return to calmer waters after the stormy economic seas that we have weathered in the past several
years. During FY 2011, revenues remained at or above the revised forecasts, and our current Budget and Financial
Plan represent a program of staying on track. DARTs FY 2012 Twenty-Year Financial Plan shows limited
changes from the 2011 Plan. All light rail build-out projects remain on the same schedules, and all projected future
service levels remaing intact. This is comforting after several years of financial uncertainty.

F Y 1 2 1 Q - Q D U - C O T W 1 3 / 2 2 / 2 0 1 2 1 0 : 0 6 : 3 8 A M 2
Exhibit 1

Lease/Leaseback Transactions Update
We have successfully terminated or repaired all lease/leaseback transactions that were non-compliant with their
respective operative documents. As of September 30, 2011, four lease/leaseback transactions remain active and all
are in full compliance with the respective operative documents, as amended.
Litigation
No significant changes have occurred in the status of pending litigation involving DART since the date of the 2012
Annual Disclosure Statement. Accruals and estimated losses on claims that are asserted in pending litigation, if any,
are included in accounts payable and accrued liabilities in the unaudited statement of our principal accounts attached
hereto as Exhibit A.
Other than cases filed in the ordinary course of business as an operating transit agency, no new litigation has been
filed against DART since the date of the 2012 Annual Disclosure Statement. See, 2012 Annual Disclosure
Statement, LITIGATION.
______________________________

FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 3
Exhibit 1

Exhibit A

Unaudited Statement of Principal Accounts
for the three-month period ended December 31, 2011

FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 4
1

STATEMENTS OF NET ASSETS

December 31, 2011 and September 30, 2011 (Dollars in Thousands)

12/31/2011
Unaudited

9/30/2011
ASSETS

CURRENT ASSETS

Cash and cash equivalents $ 78,787 $ 116,477
Investments 674,379 677,801
Derivative instrument asset 4,426 5,480
Sales and use tax receivable 78,000 68,114
Transit revenue receivable, net 2,310 2,563
Due from federal and other governments 12,452 20,306
Materials and supplies inventory, net 28,370 27,381
Prepaid transit expense and other 5,111 2,483
Restricted investments held by trustee for debt service 25,312 65,375
Restricted investments held for advance funding agreements 10,911 11,921
Restricted investments held to pay capital lease/leaseback liabilities 55,762 55,762
TOTAL CURRENT ASSETS 975,820 1,053,663
NONCURRENT ASSETS
Investments restricted for system expansion and acquisition 285,577 354,274
Restricted Investments held as security for capital lease/leaseback liabilities 10,766 10,766
Investment in joint venture 23,575 24,190
Capital assets
Land and rights-of-way 548,904 548,904
Depreciable capital assets, net of depreciation 3,321,840 3,367,054
Projects in progress 910,441 859,872
Restricted investments held to pay capital lease/leaseback liabilities 274,141 268,141
Net pension asset 6,485 6,485
Unamortized bond issue costs and other 22,375 22,677
TOTAL NONCURRENT ASSETS 5,404,104 5,462,363
TOTAL ASSETS 6,379,924 6,516,026
LIABILITIES
CURRENT LIABILITIES

Accounts payable and accrued liabilities 71,209 93,415
Commercial paper notes payable 150,000 150,000
Current portion of capital lease/leaseback liabilities 55,762 55,762
Current portion of repayment due to State Comptroller 824 824
Local Assistance Program payable 6,170 13,370
Retainage payable 37,773 55,666
Unearned revenue and other liabilities 38,896 35,194
Accrued interest payable from restricted assets 14,493 58,037
Current portion of senior lien sales tax revenue bonds payable 6,740 8,370
Deferred inflows of resources 4,426 5,480
TOTAL CURRENT LIABILITIES 386,293 476,118
NONCURRENT LIABILITIES
Accrued liabilities 30,758 30,217
Repayment due to State Comptroller 11,664 11,871
Senior lien sales tax revenue bonds payable 3,348,125 3,356,068
Capital lease/leaseback liabilities 274,141 268,141
TOTAL NONCURRENT LIABILITIES 3,664,688 3,666,297
TOTAL LIABILITIES 4,050,981 4,142,415
NET ASSETS
Invested in capital assets, net of related debt 1,498,390

1,515,210
Restricted for debt service 10,819 7,338
Restricted as security for capital lease/leaseback liabilities 10,766 10,766
Unrestricted 808,968 840,297
TOTAL NET ASSETS $2,328,943 $2,373,611
FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 5
2

STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS

For the three months ended December 31, 2011 and 2010 (Dollars in Thousands)

2011
Unaudited

2010
Unaudited
OPERATING REVENUES
Passenger revenues $ 15,362 $ 13,998
Advertising, rent, and other 2,942 2,866
TOTAL OPERATING REVENUES 18,304 16,864

OPERATING EXPENSES
Labor 49,759 50,537
Benefits 22,582 22,853
Services 6,122 6,483
Materials and supplies 12,112 12,486
Purchased transportation 13,804 13,101
Depreciation and amortization 47,637 37,874
Utilities 4,318 3,619
Taxes, leases, and other 1,121 1,103
Casualty and liability 991 949
TOTAL OPERATING EXPENSES 158,446 149,005

NET OPERATING LOSS (140,142) (132,141)

NON-OPERATING REVENUES (EXPENSES)
Sales and use tax revenue 111,485 102,040
Investment income 2,086
Interest income from investments held to pay capital lease/leaseback 6,000 5,976
Interest expense on capital lease/leaseback (6,000) (5,976)
Street improvements (950) (61)
Interest and financing expenses (33,937) (22,966)
Build America Bonds tax credit 7,616 7,404
Other non-operating revenues 2,607 2,208
Other non-operating expenses (495) (1,179)
NET NON-OPERATING REVENUES 88,412 87,446

LOSS BEFORE CAPITAL CONTRIBUTIONS AND GRANTS (51,730) (44,695)

CAPITAL CONTRIBUTIONS AND GRANTS
Federal capital contributions 5,613 5,029
State capital contributions 291
Local capital contributions 740 237
Total capital contributions 6,353 5,557
Other federal grants 709 669
TOTAL CAPITAL CONTRIBUTIONS AND GRANTS 7,062 6,226

CHANGE IN NET ASSETS (44,668) (38,469)
TOTAL NET ASSETS BEGINNING OF YEAR 2,373,611 2,445,494
TOTAL NET ASSETS END OF THE QUARTER $2,328,943 $2,407,025

FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 6
3

STATEMENTS OF CASH FLOWS


2011
Unaudited

2010
Unaudited
CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers $ 26,645 $ 21,659
Payments to suppliers of goods and services (33,747) (37,054)
Payments to purchased transportation service providers (13,813) (12,531)
Payments to employees (49,869) (51,663)
Benefit payments on behalf of employees (19,164) (19,481)
NET CASH USED BY OPERATING ACTIVITIES (89,948) (99,070)

CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES

Sales and use tax proceeds 101,393 93,029
Other federal grants 462 819
Build America Bonds tax credit 15,231 7,403
Other non-capital financing receipts 481 8,312
Other non-capital financing payments (54) (1,119)
Local Assistance Program and street improvements (8,057) (369)
NET CASH PROVIDED BY NON-CAPITAL FINANCING
ACTIVITIES 109,456 108,075

CASH FLOWS FROM INVESTING ACTIVITIES

Interest on investments 1,107 2,342
Proceeds from sales and maturity of investments 208,690 199,499
Purchase of investments (204,378) (238,356)
(Increase) decrease in restricted assets 109,769 (493,372)
NET CASH (USED) GENERATED BY INVESTING ACTIVITIES 115,188 (529,887)

CASH FLOWS FROM CAPITAL AND RELATED FINANCING
ACTIVITIES

Acquisition and construction of capital assets (88,695) (175,910)
Proceeds from the issuance of commercial paper notes 225,000 150,000
Payment on commercial paper notes (225,000) (150,000)
Proceeds from the issuance revenue bonds 839,531
Payments for advance refunding revenue bonds (110,410)
Principal payment on revenue bonds (8,370) (18,790)
Interest and financing expenses (81,137) (54,718)
Payments of bond issuance costs (4,949)
Federal capital contributions 5,613 6,471
Local capital contribution 203
Proceeds from the sale of capital assets 830
NET CASH USED BY CAPITAL AND RELATED FINANCING
ACTIVITIES

(172,386)

482,055

NET DECREASE IN CASH AND CASH EQUIVALENTS (37,690) (38,827)

CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 116,477 141,419

CASH AND CASH EQUIVALENTS, END OF YEAR $ 78,787 $ 102,592

FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 7
4

STATEMENTS OF CASH FLOWS


2011
Unaudited

2010
Unaudited

RECONCILIATION OF OPERATING LOSS TO CASH USED
BY OPERATING ACTIVITIES

CASH FLOWS FROM OPERATING ACTIVITIES

Net operating loss $(140,142) $(132,140)
ADJUSTMENTS TO RECONCILE NET OPERATING LOSS TO
NET CASH USED IN OPERATING ACTIVITIES

Depreciation 47,637 37,874
Changes in assets and liabilities
(Increase) decrease in transit receivable 3,308 137
Increase (decrease) in materials and supplies inventory (989) (820)
(Increase) decrease in prepaid expenses and other current assets (2,441)
Increase(decrease) in accounts payable and accrued liabilities (2,889) (4,641)
Increase in other current liabilities 3,127 2,961
NET CASH USED BY OPERATING ACTIVITIES $(89,948) $(99,070)

NON-CASH OPERATING, INVESTING, AND FINANCING ACTIVITIES

Interest income from investments held to pay capital lease/leaseback $6,000 $5,976
Interest expense on capital lease/leaseback (6,000) (5,976)
Increase in capital lease/leaseback obligations 6,000 5,976
Decrease in investments held to pay capital lease/leaseback 6,000 5,976
Decrease in fair value of investments 770 (2,079)
Amortization of premium, discount and debt issuance costs (3,441) (771)

FY12 1Q-QDU-COTW1 3/22/2012 10:06:38 AM 8
Agenda Report
Attachments:
1. March 20 Presentation
2. Fare Structure Review Schedule
3. 10/1/10 Fare Structure with
Proposed Changes
4. Recommended Fare Structure
as of 12/1/12
SUBJECT:

Proposed Fare Structure Change
RECOMMENDATION
This is a briefing item. No action is required at this time.
BUSINESS PURPOSE
. The purpose of this item will be to discuss the proposed fare structure change.
. The Twenty-Year Financial Plan assumes a 17% increase to the average fare every five years. A
Fare Model has been developed to analyze the impact of fare changes on revenue and ridership.
Extensive testing of various scenarios has been conducted, including pricing by mode of
transportation, time of day, etc. The goal is to achieve a fare structure that meets revenue
requirements while minimizing impact to our customers.
. The proposed changes to the Fare Structure were discussed with the Budget and Finance
Committee on March 20, 2012. The Committee requested that the item be added to the April 10
Committee-of-the-Whole agenda to allow more members of the Board to participate in the
discussion. A copy of the March 20 presentation is included as Attachment 1.
. A schedule for Board review and approval of a fare increase to be effective with the opening of
the Orange Line and the Blue Line extension in December 2012 is included as Attachment 2.
DART's current Fare Structure with the proposed changes shown in edit mode is included as
Attachment 3.
. Attachment 4 is a clean copy of the recommended Fare Structure to be effective december 1,
2012.
. The discussion will help achieve the Board's Strategic Priorities of Managing System
Development and Maintaining Infrastructure and Maximizing Funding Resources.
AGENDA ITEM NO. 8
FareStructureChangeCOTW041012-COTW1 4/6/201210:49:53AM 1
2013 Proposed Fare Adjustments 2013 Proposed Fare Adjustments
and Approval Process
Budget and Finance Committee
March 20, 2012 March 20, 2012
Finance Department
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FY13 Fare Structure Adjustments
The FY12 Financial Plan includes a programmed fare
increase in FY13 requiring an increase of 15.4% in
fixed-route total passenger fare revenue.
The fare change would be implemented concurrently
with the opening of the Orange Line (I-2) and the Blue
Line to Rowlett in December 2012. This also coincides
with the expanded deployment of the new SMART Bus with the expanded deployment of the new SMART Bus
service.
Th d f h i l d t li i th The proposed fare changes include streamlining the
fare products, a new 2-hour fare product, lower off-
peak pricing, and potential Lone Star Card pricing. p p g, p p g
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Fares in DARTs Financial Plan
Year
Ave. FR
Fare
FR Fare
Revenues
(000s)
Total Fare
Revenues
(000s)
2012 $0.8277 $54,353 $57,741
2013 0.9689 62,672 66,589 Programmed Fare Increase
2014 0.9692 63,567 67,611
2015 0.9698 65,365 69,544
2016 0.9737 65,945 70,260
2017 0.9738 67,372 71,794
2018 1 1395 77 286 82 403 P d F I 2018 1.1395 77,286 82,403 Programmed Fare Increase
2019 1.1396 78,123 83,366
2020 1.1401 80,329 85,700
2021 1 1401 81 937 87 440 2021 1.1401 81.937 87,440
2022 1.1401 83,578 89,216
2023 1.3340 95,765 102,317 Programmed Fare Increase
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Fare Structure Review Schedule
Date Description Audience
2/21/2012 Proposed Fare Increase & Approval Process Budget & Finance Committee
3/20/2012 Proposed Fare Structure Alternatives Budget & Finance Committee
4/24/2012 Approval to Call Public Hearing for Fare Structure Change Budget & Finance Committee
5/8/2012 Approval to Call Public Hearing for Fare Structure Change Committee-of-the-Whole 5/8/2012 Approval to Call Public Hearing for Fare Structure Change Committee of the Whole
5/22/2012 Approval to Call Public Hearing for Fare Structure Change Committee-of-the-Whole/Board
6/26/2012 Public Hearing for Fare Structure Change Board
7/10/2012 Approval of Fare Structure Budget & Finance Committee
8/14/2012 Approval of Fare Structure Committee-of-the-Whole
8/28/2012 Approval of Fare Structure Committee-of-the-Whole/Board
12/1/2012 Fare Structure Change Effective
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Transit Agency Fare Structure
Comparison Comparison
Transit Agency
Base
Fare
Day
Pass
Premium
Base Fare
Premium
Day Pass Weekly Pass Monthly Pass
$ $ $ $ Atlanta $2.50 $9.00 N/A N/A $23.75 $95.00
Sacramento $2.50 $6.00 N/A N/A N/A $100.00
San Diego $2.50 $5.00 $5.00 $12.00 N/A $72/$100
Denver* $2.25 $6.75 $4/$5 $11.50/$14 N/A $79/$176
Ut h $2 25 $5 50 $5 00 N/A N/A $75/$180 Utah $2.25 $5.50 $5.00 N/A N/A $75/$180
Portland $2.10 $5.00 $2.40 $5.00 $21 to $24 $81 to $92
St. Louis** $2.00 $7.50 $2.25/$2.75 $7.50 $23.50 $68.00
Miami-Dade $2.00 $5.00 $2.35 $5.00 $26.00 $100.00
Dallas $1 75 $4 00 $3 50/$5 $7/$10 $20 to $50 $65 to $120 Dallas $1.75 $4.00 $3.50/$5 $7/$10 $20 to $50 $65 to $120
Houston-Smart
Card*** $1.25 $5.00 $2 to $4.50 $4 to $9 $25 to $45 $93.75 to $180
* Denver has Local, Express & Regional *** Houston Metro has 5 zones - $1.25, $2, $3.25, $3.75, & $4.50
Day Pass calculated at 4 trips weekly pass at 20 trips & monthly 75 paid trips Day Pass calculated at 4 trips, weekly pass at 20 trips & monthly 75 paid trips.
** Light rail is a premium Premium day pass calculated at 2 trips, weekly pass at 10, & monthly at 40
5 free trips for every 50 trips purchased.
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Fare History
FY03 Computed Day Pass from $2 to
$2 50 $2.50
FY 09 Day Pass from $2.50 to $3
FY 10 Day Pass from $3 to $4
See Appendix 1 for detail and average fare by year.
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Farebox Recovery History
Y
Total FR
P
Total FR
Passenger
R
FR Farebox
R C t Year Passengers Revenue Recovery Comment
FY01 60,381 29,234 12.3%
FY02 58,588 31,065 11.4%
FY03 59,635 33,634 12.5% Fare Increase: Base fare from $1.00 to $1.25
FY04 57,071 33,567 13.1%
FY05 59,724 34,552 12.5%
FY06 65,684 37,655 13.5%
FY07 65,058 38,024 13.4%
FY09 64,858 41,387 13.1%
FY11A 61,941 53,899 15.4%
FY12B 65,896 54,353 14.2%
FY13P 65,079 62,677 15.9% Projected Fare Increase
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Ridership History (in thousands)
Mode FY08 FY09 FY10 FY11 FY12B FY13P
Bus 45,211 43,104 37,991 37,213 39,925 39,146
LRT 19,438 18,965 17,799 22,302 23,548 23,560
CR 2,747 2,789 2,469 2,425 2,422 2,373
Fixed Route 67,396 64,858 58,259 61,941 65,896 65,079
Paratransit 737 751 773 790 816 862
HOV 48,095 51,033 50,108 48,046 32,440 32,765
150,000
HOV 48,095 51,033 50,108 48,046 32,440 32,765
Vanpool 697 881 925 985 1,035 1,035
Total Ridership 116,925 117,523 110,065 111,762 100,187 99,741
75,000
100,000
125,000
0
25,000
50,000
FY08 FY09 FY10 FY11 FY12B FY13P
Fixed Route Total Ridership
Fixed Route Total Ridership
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12-Month Rolling Fixed-Route
Ridership (in thousands)
250
200
250
FR+6.8%
100
150
Bus2.1%
0
50
LRT+27.3%
CR2.1%
Bus LRT CR FixedRouteTotal
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Farebox Revenue Analysis
10 10 Finance Department
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2010 2012 Fare Sales by Type
Year l y Uni t s Rev enue
Est i mat ed
Uni t s
Est i mat ed
Rev enue
Est i mat ed
Uni t s
Est i mat ed
Rev enue
Si ngl e Far e
1,834,224 3,708,313 $ 2,379,698 4,164,471 $ 2,276,138 4,012,402 $
36,816 92,040 46,263 161,920 45,655 160,378
21,732 81,495 32,970 164,850 29,949 150,128
583 236 495 353 671 148 570 476 692 963 597 897 Reduced
Ty pe of Far e
Local
Syst em
Regional
FY 2 0 1 0
ACTUAL
FY 2 0 1 1
ACTUAL
FY 2 0 1 2
BUDGET
583,236 495,353 671,148 570,476 692,963 597,897
50,532 1,561,069 49,750 1,474,704 48,284 1,449,143
2 ,5 2 6 ,5 4 0 5 ,9 3 8 ,2 7 0 $ 3 ,1 7 9 ,8 2 8 6 ,5 3 6 ,4 2 0 $ 3 ,0 9 2 ,9 8 9 6 ,3 6 9 ,9 4 7 $
Day Passes
3,870,372 15,481,488 $ 4,648,125 18,592,500 $ 4,567,214 18,327,371 $
400,788 2,003,940 141,572 991,004 143,504 1,006,369
40,272 302,040 36,941 369,410 35,369 354,141
1,497,984 2,995,968 1,635,199 3,270,398 1,609,462 3,239,544
61,536 1,538,400 68,652 1,786,120 66,841 1,671,883
Parat ransit Coupon
Tot al Si ngl e Far e
Local
Reduced
Syst em
Regional
Vouchers
Reduced
5 ,8 7 0 ,9 5 2 2 2 ,3 2 1 ,8 3 6 $ 6 ,5 3 0 ,4 8 9 2 5 ,0 0 9 ,4 3 2 $ 6 ,4 2 2 ,3 9 1 2 4 ,5 9 9 ,3 0 8 $
Mon t h l y Passes
126,072 8,194,680 $ 124,641 8,101,665 $ 129,693 8,431,722 $
21,168 1,587,600 16,703 1,670,300 16,593 1,659,511
7,560 793,800 6,761 811,320 6,137 736,573
63,324 2,026,368 65,262 2,088,382 71,913 2,302,136
2 1 8 ,1 2 4 1 2 ,6 0 2 ,4 4 8 $ 2 1 3 ,3 6 7 1 2 ,6 7 1 ,6 6 7 $ 2 2 4 ,3 3 7 1 3 ,1 2 9 ,9 4 2 $
7 - Day Passes
34 416 688 320 $ 74 963 1 499 260 $ 68 224 1 365 350 $
Tot al Day Passes
Local
Syst em
Regional
Reduced
Tot al Mont hl y Passes
L l 34,416 688,320 $ 74,963 1,499,260 $ 68,224 1,365,350 $
2,892 72,300 2,752 96,320 2,503 87,637
672 25,200 399 19,950 362 18,112
3 7 ,9 8 0 7 8 5 ,8 2 0 $ 7 8 ,1 1 4 1 ,6 1 5 ,5 3 0 $ 7 1 ,0 8 9 1 ,4 7 1 ,0 9 9 $
An n u al Passes
251 148,593 $ 226 146,900 $ 211 136,935 $
59 38,422 35 35,000 30 30,385
14 10,658 7 8,400 7 8,508
- 0 39 14,976 34 13,224
Local
Local
Syst em
Regional
Tot al 7 - Day Passes
Syst em
Regional
Senior , ,
15,972 7,260,849 16,876 8,110,128 8,913 3,564,644
3,930 2,149,432
3,678 2,452,890
1 6 ,2 9 6 7 ,4 5 8 ,5 2 2 $ 1 7 ,1 8 3 8 ,3 1 5 ,4 0 4 $ 1 6 ,8 0 3 8 ,3 5 6 ,0 1 8 $
Ot h er Pr ogr am s
34,717 818,921 $ 42,672 1,019,545 $ 33,437 1,176,670 $
30,771 123,082 572 325,491 308 301,547
6 5 ,4 8 8 9 4 2 ,0 0 3 $ 4 3 ,2 4 4 1 ,3 4 5 ,0 3 6 $ 3 3 ,7 4 5 1 ,4 7 8 ,2 1 8 $
Corporat e Programs - Local
Corporat e Programs - Syst em
Corporat e Programs - Regional
Tot al Annual Passes
Secondary/ College Decals
Special Event s
Tot al Ot her Pr ogr ams
8 ,7 3 5 ,3 8 0 5 0 ,0 4 8 ,8 9 9 $ 1 0 ,0 6 2 ,2 2 5 5 5 ,4 9 3 ,4 8 9 $ 9 ,8 6 1 ,3 5 3 5 5 ,4 0 4 ,5 3 2 $
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Fare Sales by Mode
Quantity Revenue Quantity Revenue Quantity Revenue
2
SingleRide 1,139,138 2,005,001 $ 1,804,260 2,720,675 $ 114,622 214,894 $
DayPass 1,870,733 7,300,361 $ 4,301,427 14,977,893 $ 257,510 829,450 $
7DayPass 41,453 845,096 $ 35,866 737,038 $ 1,000 37,632 $
PassType
FY11SalesbyMode
LRT BUS TRE
Monthly 95,341 6,074,045 $ 96,979 5,342,752 $ 24,988 1,488,944 $
Annual(Corporate) 10,916 5,344,367 $ 2,036 1,036,972 $ 3,359 1,743,826 $
Annual(Retail) 218 138,541 $ 31 21,512 $ 18 17,380 $
SecondarySchools/Colleges 18,314 437,560 $ 4,237 101,231 $ 20,121 480,919 $
Vouchers(bookoften) 21,140 524,260 $ 28,640 687,387 $ 23,226 576,003 $
Totals 3,197,252 22,669,230 $ 6,273,477 25,625,460 $ 444,846 5,389,048 $
Quantity Revenue Quantity Revenue Quantity Revenue
2
SingleRide 585,831 1,027,062 $ 1,787,088 2,691,100 $ 88,365 135,694 $
DayPass 972,483 3,762,085 $ 4,481,191 15,885,615 $ 350,114 1,110,668 $
7Day Pass 4,678 98,441 $ 32,004 650,339 $ 1,298 37,040 $
FY10SalesbyMode
PassType
LRT BUS TRE
7 DayPass 4,678 98,441 $ 32,004 650,339 $ 1,298 37,040 $
Monthly 77,709 4,939,902 $ 111,430 6,030,521 $ 28,985 1,632,025 $
Annual(Corporate) 739 3,633,523 $ 653 1,247,769 $ 378 2,684,999 $
Annual(Retail) 22 14,707 $ 5 3,186 $ 5 4,177 $
SecondarySchools/Colleges 9,014 201,023 $ 5,270 117,516 $ 20,433 455,652 $
Vouchers(bookoften) 4,068 101,724 $ 48,240 1,206,108 $ 9,228 230,580 $
Totals 1,654,545 13,778,466 $ 6,465,880 27,832,155 $ 498,807 6,290,835 $
1
Includes Oncall UTDand SMU shuttle services only IncludesOncall,UTDandSMUshuttleservicesonly
2
IncludesDallasCountyrevenuesonly
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TRE Impact of Oct. 2010 Fare Increase
Commuter Rail Revenue Analysis
FY10 FY11 FY11 vs FY11 vs
Agency Revenue Revenue FY10 ($) FY10 (%) g y ( ) ( )
DART $6,426,337 $5,817,712 ($608,625) -9.5%
The T $1,534,340 $2,255,004 $720,664 47.0%
Total Revenue $7,960,677 $8,072,716 $112,039 1.4%
* DART revenue shown above includes earnings from only System and Regional passes
Commuter Rail Ridership Analysis p y
FY10 FY11 FY11 vs FY11 vs
Agency Ridership Ridership FY10 (#) FY10 (%)
Th T 2 469 175 2 425 274 (43 901) 1 8% The T 2,469,175 2,425,274 (43,901) -1.8%
* TRE boundary line moved from West Irving to CentrePort during 12/10
* Fare increases to System and Regional passes
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FY13 F I FY13 Fare Increase
Recommendations
14 14 Finance Department
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Fare Analysis Project
The Financial Plan assumes the average fare will increase
17%every five years 17% every five years
A Fare Model was developed to analyze the impact of fare
changes on revenue and ridership
Extensive testing of various scenarios has been conducted
New fare structures have been explored, including pricing
by mode of transit time of day and service levels by mode of transit, time of day, and service levels.
The goal is to find the fare structure/levels that meet
revenue requirements while minimizing ridership impact q g p p
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Normalizing Pricing of Fare Types
Base
Fare Day Pass Weekly Monthly Annual
Base
Fare Day Pass Weekly Monthly Annual
Current Fares Proposed Fares
Local $ 1.75 2.29 x Base 5 x Day 16.25 x Day 162.5 x Day
System $ 3.50 2 x Base 5 x Day 14.3 x Day 143 x Day $ 2.50 2 x Base 5 x Day 16 x Day 160 x Day
Regional $ 5.00 2 x Base 5 x Day 12 x Day 120 x Day $ 5.00 2 x Base 5 x Day 16 x Day 160 x Day
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Fare Structure Comparison
Current Fares Current Fares
Individual Fares Corporate Fares
Base Fare
Day
Pass
Weekl
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Monthl
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Normal
SL High SL (Single Ride)
Local $1.75 $5.00 $25.00 $65.00 $650.00 $312.00 $468.00
System 3 50 7 00 35 00 100 00 1 000 00 480 00 720 00 System 3.50 7.00 35.00 100.00 1,000.00 480.00 720.00
Regional 5.00 10.00 50.00 120.00 1,200.00 576.00 864.00
Across the Board 27% : Net 15.9% Inc. Revenue and 5.1% Ridership Decrease
Individual
Fares Corporate Fares Fares Corporate Fares
Base Fare
Day
Pass
Weekl
y
Monthl
y Annual Annual (Single Ride)
Local $2.20 $5.10 $25.50 $82.50 $825.00 $619.00
System 4.45 8.90 44.50 127.00 1,270 953.00
Regional 6 35 12 70 63 50 152 00 1 524 1143 00 Regional 6.35 12.70 63.50 152.00 1,524 1143.00
Recommended Option
Simplified Fare with off-peak discounted fares: Net 15.8% Revenue Inc. & 2.8%
Ridership Dec.
Individual
Fares Corporate Fares
Base Fare
(2 Hr. Pass)
Day
Pass
Weekl
y
Monthl
y Annual
Mid-day
Pass Annual
System $2.50 $5.00 $25.00 $80.00 $800.00 $ 1.75 $600.00
Regional 5 00 10 00 50 00 160 00 1600 00 $ 3 50 1 200 00
Regional 5.00 10.00 50.00 160.00 1600.00 $ 3.50 1,200.00
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Corporate Pass Program
CY 2011 Corporate Pass Program Statistics % Trip Revised
Type of Fare Fare Quantity Revenue Loss Quantity
Local Normal $ 312 6,226 $ 1,914,029 25% 4,670
Local High $ 468 2,511 $ 1,126,276 13% 2,197
Weighted Avg $ 348 8,737 $ 3,040,305 6,867
Commuter Rail & Express
System Normal $ 480 1,942 $ 887,219 25% 1,457
System High $ 720 1,631 $ 1,154,621 13% 1,427
Weighted Avg $ 571 3,573 $ 2,041,840 2,884
Region Normal $ 576 1,445 $ 771,113 25% 1,084
Region High $ 864 1,940 $ 1,641,183 13% 1,698
Weighted Avg $ 713 3 385 $ 2 412 296 2 781 Weighted Avg $ 713 3,385 $ 2,412,296 2,781
Weighted Avg $ 478 15,695 $ 7,494,441 12,532
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Benefits
Reduction in fare media types simplification for
customers operators customer service and enforcement customers, operators, customer service, and enforcement.
Two-hour fare allows customers who need to go and
return within two hours to reduce their cost parents,
quick retail trips, hair appointments, etc.
Peak period/Off-peak Reduces cost to seniors and others
who can travel off peak; reduces service needed for peak who can travel off peak; reduces service needed for peak
periods which lowers costs; improves use of service
available during off-peak; and complies with Federal rules
R d d P on Reduced Passes.
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Date Description Audience
2/21/2012 Proposed Fare Increase & Approval Process Budget & Finance Committee
5/8/2012 Approval to Call Public Hearing for Fare Structure Change Committee-of-the-Whole 5/8/2012 Approval to Call Public Hearing for Fare Structure Change Committee of the Whole
12/1/2012 Fare Structure Change Effective
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Appendix 1 - Fare History
Year
Local
Day Pass
Local
Monthly Pass
Premium /
System
Day Pass
Premium /
System
Monthly Pass
Premium /
Regional
Day Pass
Regional
Monthly Pass
Corporate
High/Platinum
Local**
FR
Average Fare
FY01* $2 00 $30 00 $4 00 $60 00 n/a n/a $160 00 FY01 $2.00 $30.00 $4.00 $60.00 n/a n/a $160.00
FY02* $2.00 $30.00 $4.00 $60.00 n/a n/a $160.00
FY03* $2.50 $40.00 $4.50 $70.00 n/a n/a $160.00
FY04 $2.50 $40.00 $4.50 $70.00 n/a n/a $190.00 $0.59
FY05 $2.50 $40.00 $4.50 $70.00 n/a n/a $190.00 $0.58
FY06 $2.50 $40.00 $4.50 $70.00 n/a n/a $190.00 $0.59
FY07 $2.50 $40.00 $4.50 $70.00 n/a n/a $190.00 $0.60
FY08 $3.00 $50.00 $5.00 $80.00 n/a n/a $190.00 $0.70
FY09 $3.00 $50.00 $5.00 $80.00 n/a n/a $190.00 $0.69
FY10 $4 00 $65 00 $5 00 $75 00 $7 50 $100 00 $468 00 $0 86 FY10 $4.00 $65.00 $5.00 $75.00 $7.50 $100.00 $468.00 $0.86
FY11A $4.00 $65.00 $7.00 $100.00 $10.00 $120.00 $498.00 $0.87
FY12B $4.00 $65.00 $7.00 $100.00 $10.00 $120.00 $494.00 $0.84
FY12 Thru Jan $0.88
* Prior to FY04, there were no Day Passes so the price reflected in the table above is the price of two single fares.
** Prior to FY10, Corporate purchasers were required to buy a pass for every employee. After that, only the employees who used the service.
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04/10/12
Attachment 2
JANUARY FEBRUARY MARCH APRIL
S M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 3 1 2 3 4 5 6 7
8 9 10 11 12 13 14 5 6 7 8 9 10 11 4 5 6 7 8 9 10 8 9 10 11 12 13 14
15 16 17 18 19 20 21 12 13 14 15 16 17 18 11 12 13 14 15 16 17 15 16 17 18 19 20 21
22 23 24 25 26 27 28 19 20 21 22 23 24 25 18 19 20 21 22 23 24 22 23 24 25 26 27 28
29 30 31 26 27 28 29 25 26 27 28 29 30 31 29 30

MAY JUNE JULY AUGUST
1 2 3 4 5 1 2 1 2 3 4 5 6 7 1 2 3 4
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18
20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25
27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 31

SEPTEMBER OCTOBER NOVEMBER DECEMBER
1 1 2 3 4 5 6 1 2 3 1
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15
16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22
23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29
30 30 31
Date Description Responsibility

02/21/12 Proposed Fare Increase and Approval Process Budget & Finance Committee
04/10/12 Proposed Fare Structure Change Committee-of-the-Whole
05/08/12 Approval to Call Public Hearing for Fare Structure Change Committee-of-the-Whole
May-June Community meetings to discuss fare structure change and service change Management
July-Nov Customer Communication Management
12/01/12 Fare Structure Change

Fare Structure Change COTW 041012-COTW1 4/6/2012 10:49:53 AM 1
Attachment 3

DART FARE STRUCTURE
Effective October 1, 2010

BASE SINGLE RIDE FARE
Local Service $1.75
Commuter Rail (CR) & Express Bus
CR 1-Zone & Express Bus $3.50
Reduced Fare * $0.85
Paratransit Demand Response Van/Sedan Service $3.00
Paratransit trips to fixed-route stops $0.75
Paratransit eligible riders on fixed-route services FREE

PREPAID MULTI-RIDE FARES
Annual Pass
Local $650.00
Commuter Rail & Express Bus
CR 1-Zone & Express Bus $1,000.00
CR 2-Zone & Express Bus $1,200.00
Monthly Pass:
Local $65.00
Reduced * $32.00
Weekly Pass:
Local $20.00
Day Pass:
Local $4.00
Reduced * $2.00
Reduced High School Fare ** $2.00
Day Pass Book of Ten *** $25.00
10-Ticket Paratransit Coupon Book $30.00

Attachment 3

DART FARE STRUCTURE
Effective October 1, 2010

FOOTNOTES:

* Reduced Fares are applicable on bus and rail for the following:
(a) Seniors, Non-Paratransit Disabled, and High School students with valid ID
(b) Children, elementary through junior high school, Children under 5 see Free Fares
(c) DART Shuttle Bus Routes
** Reduced High School Fare for students with valid ID
*** Day Pass Book of 10 is available only to government and non-profit institutions

Attachment 3

DART FARE STRUCTURE
Effective December 1, 2012

BASE TWO-HOUR FARE Peak Period (1)
System (2) $2.50
Regional (3) $5.00
Paratransit-eligible riders on fixed-route services FREE

OFF-PEAK FARES
Mid-Day (Single fare that allows unlimited travel between 9:30 a.m. and
2:30 p.m. Monday through Friday) (4):
System $1.75
Regional $3.50
Reduced (Monday through Friday 9:30 a.m. to 2:30 p.m. and 7:00 p.m. to
3:00 a.m.; All day Saturdays, Sundays, and Designated Holidayssee note
for further qualifications)
System Reduced * $1.25
Regional Reduced * $2.50

Annual Pass:
System $800.00
Regional $1,600.00
Monthly Pass:
System $80.00
Regional $160.00
Weekly Pass:
System $25.00
Regional $50.00
Day Pass:
System $5.00
Regional $10.00
Regional Day Pass Book of Ten ** $50.00

(a) Seniors and Non-Paratransit Disabled with valid ID
(b) Children, elementary through junior high school; Children under 5 (see Free Fares)
** Regional Day Pass Book of Ten is available only to government and non-profit institutions to
be issued to DART Service Area clients.
Attachment 3

DART FARE STRUCTURE

FOOTNOTES:

Fare, Pass, and Ticket Descriptions

1. Peak Period: Monday through Friday (except holidays) 4:00 a.m. to 9:30 a.m. and 2:30
p.m. to 7:00 p.m. Certain special-event weekend days as designated by DART are also
considered Peak Period.
2. System: All DART buses and trains; Trinity Railway Express service between Union
Station and CentrePort Station; DART On-Call and Flex service.
3. Regional: All DART buses and trains; all Trinity Railway Express service; The T in Fort
Worth; the A-Train and DCTA in Denton.
4. Mid-Day Fare: A single fare that allows unlimited travel between 9:30 a.m. and 2:30 p.m.
Monday through Friday.
5. Reduced Fare: Off-Peak reduced fares are valid for those who qualify on Off-Peak,
Saturdays, Sundays, and holidays, except for special-event weekend days, as designated by
DART.

Attachment 3

FREE FARES

The following categories of riders may ride bus, light rail, or commuter rail without fare
payment. (This section is not applicable to charters nor to paratransit service, except as noted.)

(a) Paratransit-eligible riders on fixed-route services with a valid paratransit identification
card.

(b) ADA paratransit-eligible individuals who are authorized to have one personal care
attendant (PCA) may have the PCA travel with them on fixed-route service, at no charge,
provided a proper ID, indicating that an attendant is required, is displayed.

(c) Children under the age of five (maximum of two per trip) when accompanied by an adult
(age 18 or older) paying the appropriate local, premium, System, Regional, or reduced
fare. Any additional child under the age of five traveling with that adult, or any child
accompanied only by person(s) younger than age 18, shall be charged the reduced fare.

(d) Voters showing a valid voter registration card during the hours of 6:00 a.m. to 8:00 p.m.
on a state or national primary or general election day in accordance with Board
Resolution No. 900232.

(e) Uniformed police officers and plain-clothes police officers displaying badges issued by
DART member cities.

(f) Uniformed parking enforcement officers.

(g) Downtown Safety Patrol personnel when in uniform and when traveling within the CBD.

(h) Active and retired DART employees and their spouses, or one other designated
dependent family member, who display valid DART photo ID cards. (Also honored on
all flyer services and on paratransit service with appropriate paratransit certification and
identification).

(i) Part-time DART employees with DART photo ID card. (Also honored on all flyer
services and on paratransit service with appropriate paratransit certification and
identification.) Temporary employees do not qualify for this benefit.

(j) Current and former DART Board members and their spouses with valid DART photo ID
card. (Also honored on paratransit service with appropriate paratransit certification and
identification.)

(k) Employees of contractors who operate fixed-route or demand responsive service in
DART's behalf and certain engineering consultants, including the GEC, System Design,
and Design Contract Integration consultants domiciled in the DART headquarters, who
have been provided with valid DART photo ID cards. (Also honored on paratransit
service with appropriate paratransit certification and identification.)

(l) McKinney Avenue Trolley employees or operators with valid Trolley ID card.

Attachment 3

SPECIAL PROGRAMS

I. Customer Promotions:

The President/Executive Director, Deputy Executive Director, and any Executive Vice
President/General Manager Operations, or their designee may approve the free
distribution of prepaid media, VIP passes, or special coupons as needed for the following
purposes:

(a) to support marketing programs, including but not limited to special route promotions,
introductory shuttles, air quality improvement programs, and focus group or survey
participation.

(b) to provide inbound travel to jury duty on all DART service, including bus, rail, and
paratransit, to all individuals showing a jury summons with the current date
displayed. A pass valid for outbound travel on all DART service, including bus, rail,
and paratransit, will be distributed by Court Services upon request to those
individuals reporting for jury duty.

(c) to compensate customers for inconvenience or system problems.

(d) to allow courtesy access to the system for special tour groups, non-local DART
visitors, or consultants involved in DART system planning. As a tax-supported
governmental agency, DART does not contribute free transportation or offer special
discounts on fare media to other governmental agencies, social service agencies, or
charitable organizations.

II. Convention and Special Event Passes:

Day passes for the dates specified on the ticket for convention registrants and special
event participants will be priced at the appropriate (local, sSystem, or rRegional) day pass
rate. A sliding scale with discounts ranging from 10% to 530% of the convention and
special event base rate will be available on advanced bulk purchase of 2,000 or more
passes.

Passes Purchased Discount
2,000 4,999 10%
5,000 9,999 20%
10,000 14,999 25%
15,000 and above
19,999
30%
20,000 24,999 35%
25,000 39,999 40%
40,000 49,999 45%
50,000 and above 50%

Attachment 3

III. Corporate and Residential Programs:

(a) Annual passes, known as Employee Preferred Corporate annual passes, may be
purchased by businesses, companies, apartment/condominium complexes, or other
employer organizations. Minimum purchase requirement is 25 passes. Pricing will
be based on the amount of service provided to specified locations as follows:

Service Level Local System
Annual Pass
Premium Annual
Pass
Commuter Rail
Plus Regional
Annual Pass
Normal Service
Level
$312 $480 $576
High Service Level $468 $600 $720 $864 $1,200

(b) Emergency Ride Home (ERH) program, administered by DART, will be made
available to employees registered in the Employee Preferred Annual Pass Program.

IV. Residential Annual Pass Program

(a) Annual passes, known as Residential Preferred annual passes, may be purchased by
apartment/condominium complexes. Minimum purchase requirement is 25 passes.
Pricing will be as follows:

Service Level Local Annual
Pass
Premium Annual
Pass
Commuter Rail
Plus
Normal Service
Level
$312 $480 $576
High Service Level $468 $720 $864

Attachment 3

IV V. College Higher Education Programs

Annual, sSemester and quarterly passes may be purchased for 100% of all full-time
students by colleges, universities, trade schools, and technical schools, or junior high
schools or high schools. Pricing will be based on the following: on the level of service
provided to a specific location. The following table represents minimum pricing levels:

College Higher Education Program Pricing
Year One Year Two Years Three to
Five
Trips per
Peak Hour
Quarter Semester Quarter
Annual
Semester Quarter Semester
150
Purchase
for 100%
full time
students
$15 $30 $20 $40 $60 $40 $50 $50 $65
Over 50
Individual
$23
$120
$30 $160 $90

VI. REPLACED WITH HIGHER EDUCATION PROGRAM High School and Junior High
School Program

Annual passes may be purchased by high schools and junior high schools for 100% of all
students. Pricing will be based on the amount of service provided to each high school
and its student population. The following table represents minimum pricing levels, and
may be adjusted as necessary to cover additional service:

Minimum Junior High & High School Program Pricing
Student Population
Trips per Hour 25-150 151-300 301 +
1 50 $45 $40 $35
Over 50 $60 $55 $50

Attachment 3

VII V. Route Promotion Pass

The Route Promotion Pass has been produced through Consumer Programs to support
DARTs public awareness and outreach efforts. Marketing will negotiate with Special
Events where DART could benefit from the exposure the event media and attendance
could provide; and the event organizers are interested in including DART Day Passes for
their attendees. The parameters of the negotiation are as follows:

(a) The event is within a member city in the DART Service Area.

(b) DART must receive a minimum of a 2 to 1 ratio based on the value of the passes
DART is willing to provide to the event. This can be through barter, cash, or any
combination of the two.

(c) The media provided by the event must promote using DART.

(d) A simple agreement is signed by both DART and the event organizer/chair.

(e) The President/Executive Director or his designee may sign the agreement.
Concurrence from the Treasurer or Chief Financial Officer must be received before
presenting the agreement for signature.

(f) The Marketing Department will provide documentation to the Finance Department,
within 90 days after the conclusion of the special event, that supports the value of
the barter used to pay for the passes.

Attachment 4

DART FARE STRUCTURE

BASE TWO-HOUR FARE Peak Period (1)
System (2) $2.50
Regional (3) $5.00
Paratransit-eligible riders on fixed-route services FREE

OFF-PEAK FARES
Mid-Day (Single fare that allows unlimited travel between 9:30 a.m. and
2:30 p.m. Monday through Friday) (4):
System $1.75
Regional $3.50
Reduced (Monday through Friday 9:30 a.m. to 2:30 p.m. and 7:00 p.m. to
3:00 a.m.; All day Saturdays, Sundays, and Designated Holidayssee note
for further qualifications)
System Reduced * $1.25
Regional Reduced * $2.50

Annual Pass:
System $800.00
Regional $1,600.00
Monthly Pass:
System $80.00
Regional $160.00
Weekly Pass:
System $25.00
Regional $50.00
Day Pass:
System $5.00
Regional $10.00
Regional Day Pass Book of Ten ** $50.00

(a) Seniors and Non-Paratransit Disabled with valid ID
(b) Children, elementary through junior high school; Children under 5 (see Free Fares)
** Regional Day Pass Book of Ten is available only to government and non-profit institutions to
be issued to DART Service Area clients.
Attachment 4

DART FARE STRUCTURE

FOOTNOTES:

Fare, Pass, and Ticket Descriptions

1. Peak Period: Monday through Friday (except holidays) 4:00 a.m. to 9:30 a.m. and 2:30
p.m. to 7:00 p.m. Certain special-event weekend days as designated by DART are also
considered Peak Period.
2. System: All DART buses and trains; Trinity Railway Express service between Union
Station and CentrePort Station; DART On-Call and Flex service.
3. Regional: All DART buses and trains; all Trinity Railway Express service; The T in Fort
Worth; the A-Train and DCTA in Denton.
4. Mid-Day Fare: A single fare that allows unlimited travel between 9:30 a.m. and 2:30 p.m.
Monday through Friday.
5. Reduced Fare: Off-Peak reduced fares are valid for those who qualify on Off-Peak,
Saturdays, Sundays, and holidays, except for special-event weekend days, as designated by
DART.

Attachment 4

FREE FARES

The following categories of riders may ride bus, light rail, or commuter rail without fare
payment. (This section is not applicable to charters nor to paratransit service, except as noted.)

(a) Paratransit-eligible riders on fixed-route services with a valid paratransit identification
card.

(b) ADA paratransit-eligible individuals who are authorized to have one personal care
attendant (PCA) may have the PCA travel with them on fixed-route service, at no charge,
provided a proper ID, indicating that an attendant is required, is displayed.

(c) Children under the age of five (maximum of two per trip) when accompanied by an adult
(age 18 or older) paying the appropriate System, Regional, or reduced fare. Any
additional child under the age of five traveling with that adult, or any child accompanied
only by person(s) younger than age 18, shall be charged the reduced fare.

(d) Voters showing a valid voter registration card during the hours of 6:00 a.m. to 8:00 p.m.
on a state or national primary or general election day in accordance with Board
Resolution No. 900232.

(e) Uniformed police officers and plain-clothes police officers displaying badges issued by
DART member cities.

(f) Uniformed parking enforcement officers.

(g) Downtown Safety Patrol personnel when in uniform and when traveling within the CBD.

(h) Active and retired DART employees and their spouses, or one other designated
dependent, who display valid DART photo ID cards. (Also honored on all flyer services
and on paratransit service with appropriate paratransit certification and identification).

(i) Part-time DART employees with DART photo ID card. (Also honored on all flyer
services and on paratransit service with appropriate paratransit certification and
identification.) Temporary employees do not qualify for this benefit.

(j) Current and former DART Board members and their spouses with valid DART photo ID
card. (Also honored on paratransit service with appropriate paratransit certification and
identification.)

(k) Employees of contractors who operate fixed-route or demand responsive service in
DART's behalf and certain engineering consultants, including the GEC, System Design,
and Design Contract Integration consultants domiciled in the DART headquarters, who
have been provided with valid DART photo ID cards. (Also honored on paratransit
service with appropriate paratransit certification and identification.)

(l) McKinney Avenue Trolley employees or operators with valid Trolley ID card.

Attachment 4

SPECIAL PROGRAMS

I. Customer Promotions:

The President/Executive Director, Deputy Executive Director, and any Executive Vice
President, or their designee may approve the free distribution of prepaid media, VIP
passes, or special coupons as needed for the following purposes:

(a) to support marketing programs, including but not limited to special route promotions,
introductory shuttles, air quality improvement programs, and focus group or survey
participation.

(b) to provide inbound travel to jury duty on all DART service, including bus, rail, and
paratransit, to all individuals showing a jury summons with the current date
displayed. A pass valid for outbound travel on all DART service, including bus, rail,
and paratransit, will be distributed by Court Services upon request to those
individuals reporting for jury duty.

(c) to compensate customers for inconvenience or system problems.

(d) to allow courtesy access to the system for special tour groups, non-local DART
visitors, or consultants involved in DART system planning. As a tax-supported
governmental agency, DART does not contribute free transportation or offer special
discounts on fare media to other governmental agencies, social service agencies, or
charitable organizations.

II. Convention and Special Event Passes:

Day passes for the dates specified on the ticket for convention registrants and special
event participants will be priced at the appropriate (System or Regional) day pass rate. A
sliding scale with discounts ranging from 10% to 30% of the convention and special
event base rate will be available on advanced bulk purchase of 2,000 or more passes.

Passes Purchased Discount
2,000 4,999 10%
5,000 9,999 20%
10,000 14,999 25%
15,000 and above 30%

Attachment 4

III. Corporate and Residential Programs:

(a) Annual passes, known as Corporate annual passes, may be purchased by businesses,
companies, apartment/condominium complexes, or other employer organizations.
Minimum purchase requirement is 25 passes. Pricing will be as follows:

System Annual
Pass
Regional Annual
Pass
$600 $1,200

(b) Emergency Ride Home (ERH) program, administered by DART, will be made
available to employees registered in the Employee Preferred Annual Pass Program.

IV. Higher Education Programs

Semester and quarterly passes may be purchased for full-time students by colleges,
universities, trade schools, technical schools, or junior high schools or high schools.
Pricing will be based on the following:

Higher Education Program Pricing
Year One Year Two Years Three to
Five
Quarter Semester Quarter Semester Quarter Semester
Purchase
for 100%
full time
students
$30 $40 $40 $50 $50 $65

Attachment 4

V. Route Promotion Pass

The Route Promotion Pass has been produced through Consumer Programs to support
DARTs public awareness and outreach efforts. Marketing will negotiate with Special
Events where DART could benefit from the exposure the event media and attendance
could provide; and the event organizers are interested in including DART Day Passes for
their attendees. The parameters of the negotiation are as follows:

(a) The event is within a member city in the DART Service Area.

(b) DART must receive a minimum of a 2 to 1 ratio based on the value of the passes
DART is willing to provide to the event. This can be through barter, cash, or any
combination of the two.

(c) The media provided by the event must promote using DART.

(d) A simple agreement is signed by both DART and the event organizer/chair.

(e) The President/Executive Director or his designee may sign the agreement.
Concurrence from the Treasurer or Chief Financial Officer must be received before
presenting the agreement for signature.

(f) The Marketing Department will provide documentation to the Finance Department,
within 90 days after the conclusion of the special event, that supports the value of
the barter used to pay for the passes.

Agenda Report
SUBJECT:

Briefing on Public Security Declaratory Judgment Litigation
RECOMMENDATION
This is a briefing item. No action is required at this time.
BUSINESS PURPOSE
. The Committee will be given a briefing on the possible initiation of declaratory judgment
litigation to determine matters related to DART's issuance of public securities.
AGENDA ITEM NO. 9
BriefingonPublicSecurityDeclaratoryJudgmentLitigation-COTW1 4/5/201211:04:08AM 1

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Quorum = 8

Authorization to Execute a License Agreement with Collin County for an

Multiple Use Agreement between DART and Texas Department of

Multiple Use Agreement between DART and Texas Department of

Authorization to Convey Easements to Atmos Energy Corporation for the

Date Description Responsibility

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