HomeMy WebLinkAboutR2014-017�soLUT1oN No. 014-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
PROVIDING THE CITY'S POSITION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION PERTAINING TO ITS PROPOSED TURNBACK PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas owns and maintains a system of highways and roadways
in the City of Denton, Texas, pursuant to Transportation Code, Section 201.103; and
WHEREAS, Chapter 311 of the Transportation Code provides the City of Denton
exclusive dominion control and jurisdiction over and under the public streets within its corporate
limits and authorizes the City to enter into agreements with the State of Texas to fix
responsibilities for the maintenance, control, supervision, and regulation of State highways
within and through the City's corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter into agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such
cities; and
WHEREAS, the State of Texas acting through its Executive Director of the Texas
Department of Transportation ("TXDOT") has made it known to the City that the State proposes
to transfer ownership of right-of-way (ROW) and the attendant maintenance and operation of
State highways within the City of Denton, hereinafter to be known as the TXDOT "Turnback
Prograrn"; and
WHEREAS, the City Council has previously adopted a"Municipal Maintenance
Agreement" (hereafter the "Agreement") by and between the State of Texas and the City of
Denton, Texas setting forth the responsibilities of the two parties with respect to maintenance
and operation of State highways within the City of Denton; and
WHEREAS, the City of Denton's participation in the "Turnback Program" and full or
partial acceptance of the right-of-way and attendant rnaintenance and operation of State
highways within the City of Denton is hereby acknowledged as being on a purely voluntary basis
and will ultirnately result in a modification of the Agreement, if enacted; and
WHEREAS, the State of Texas requires an adopted resolution from the City of Denton,
Texas setting forth its agreement to participate in the "Turnback Program" in order to proceed
with the transfer of right-of-way ownership, the attendant maintenance and operation
responsibilities for State highways, and the procurement of any available State funding which
may be associated with such actions; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION 1. The findings and recitations contained in the preamble of this resolution
are incorporated herein by reference as if fully set forth herein.
SECTION 2. The City Council of the City of Denton hereby affirms its commitment to
participate in the "Turnback Program" subject to the following terms and conditions:
1. US Hwy 77 and FM 2164 — For US Hwy 77 from IH35E north and west through town to
IH35N and for FM 2164 from the split at Elm Street north to Loop 288, the City will
accept ownership of these roadways if certain minimum conditions are met. For the
Dallas Drive and Elm Street (north and west of the split with Locust) sections of US Hwy
77 the City will accept ownership of these roadways "as is" pending verification that
their overall condition index (OCI) is acceptable (greater than OCI 90). For Elm and
Locust Streets between Dallas Drive and the split of US Hwy 77 and FM 2164 and for
FM 2164 north of this split to Loop 288, the City will accept ownership of these sections
of roadways when TXDOT either (a) improves their condition to an acceptable OCI of
greater than 90 and widens FM 2164 from this split to Loop 288 to four lanes of an
eventual 6-lane divided section or (b) provides the City of Denton with acceptable
funding to make said roadway and capacity improvements.
2. US Hwy 377 routing could be modified such that at the intersection of US Hwy 377 and
IH35E it is diverted south and east along IH35E to Loop 288 and then north along Loop
288 until it intersects US Hwy. 380 on the east side of town. If TXDOT does in fact elect
to revise this route, the City of Denton will accept ownership of US Hwy 377 from
IH35E north and east to Locust Street pending verification that the OCI of these sections
of roadway exceeds a minimum value of 90. If these sections of roadway do not meet the
minimum acceptable OCI, then the City will accept ownership of these sections of
roadways when TXDOT either (a) improves their condition to an acceptable OCI of
greater than 90 or (b) provides the City of Denton with acceptable funding to make said
roadway and capacity improvements.
3. FM 426 (McKinney Street) — TXDOT has already budgeted for the widening and
improvement of FM 426 from just west of Woodrow Lane out past Billy Ryan High
School. The City of Denton will accept the ownership and attendant operation and
maintenance responsibility for the section of FM 426 from US Hwy. 77 to a point
approximately 1.5 miles east of Loop 288 when (a) TXDOT improves the section from
US Hwy. 77 to just west of Woodrow Lane to an OCI level greater than 90 or provides
the City of Denton with acceptable funding to improve the condition of this segment to
the minimum acceptable OCI level of greater than 90; and (b) TXDOT proceeds with the
improvements of the section from just west of Woodrow Lane to a point approximately
1.5 miles east of Loop 288 as planned. For the section of FM 426 that extends east of
Billy Ryan High School to the roadway's terminus, the City will accept ownership of this
roadway pending verification that its OCI is acceptable (greater than 90). If the OCI is
not acceptable, then the City will accept ownership of this section of roadway when
TXDOT either (a) improves its condition to the minimum acceptable OCI of greater than
90 or (b) provides the City of Denton with acceptable funding to improve the condition of
this segment to the minimum acceptable OCI of greater than 90.
4. FM 1515 (Airport Road) — TXDOT does not currently have plans to widen or improve
FM 1515 between IH35E/Bonnie Brae Road and the Denton Municipal Airport beyond
the possible replacement of the bridge over IH35W in conjunction with the future
widening of that highway. Since this roadway is an intermodal freight connection
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between IH35W, the Denton Airport and the Airport Industrial Park, the City feels this
roadway should continue to be a TxDOT facility and strongly encourages TxDOT to
improve the roadway between IH35W and Denton Municipal Airport from the current
two lane rural roadway to a secondary arterial section. The City is willing to partner with
TxDOT in any practical way possible to implement these roadway improvements as soon
as practically possible.
5. The City of Denton declines to accept ownership and attendant rnaintenance and
operation responsibilities for Loop 288, FM 2181 or FM 1830.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
��`F' C 1�U AS �) LEGAL FORM:
��li`l" BURGESS, CITY ATTORNEY
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