HomeMy WebLinkAboutResolution No. 05-45
RESOLUTION NO. (/}5' -1./5
A RESOLUTION ACKNOWLEDGING THE EXECUTION OF THAT CERTAIN "MEMORANDUM
OF UNDERSTANDING, STATE HIGHWAY 121 FUNDING STRATEGY", AND COMMENTS
THERETO, BY AND BETWEEN THE CITY OF THE COLONY, TEXAS DEPARTMENT OF
TRANSPORTATION, NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, DENTON
COUNTY, COLLIN COUNTY, AND THE MUNICIPALITIES OF: CARROLL TON, COPPELL,
LEWISVILLE, PLANO, GRAPEVINE, AND FRISCO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, efficient non-congested transportation in the region is a necessary component for economic
growth, air quality, safety and quality of life; and
WHEREAS, the Texas Metropolitan Mobility Plan prepared by the North Central Texas Council of
Governments and approved by the Surface Transportation Technical Committee has identified funding
needs of $100 billion for the region through the 2025 planning horizon, with funded resources of $45
billion leaving a deficit or unfunded transportation mobility needs in excess of $55 billion; and
WHEREAS, the construction of State Highway 121 and State Highway 161 as electronic toll facilities
are projected to be self-supporting and an add significant transportation revenue to the region which will
allow the Texas Transportation Commission to earmark Strategic Priority Funding to the region; and
WHEREAS, as a result of the construction of State Highway 121 as an electronic toll facility, the
Metropolitan Planning Organization for the region recommends equitable reallocation of federal and state
funding to the entities specifically impacted and affected by the facility, including: Denton County, The
Colony, Lewisville, Carrollton, Coppell, Frisco, PIano and Grapevine (affected parties); and
WHEREAS, a "Memorandum of Understanding, SH 121 Funding Strategy" (Memorandum of
Understanding), was drafted by the affected parties to identify the funds to be reallocated, including
federal, state and local funds, and acknowledges the rights, responsibilities and obligations by and
between the affected parties; and
WHEREAS, the Memorandum of Understanding between the affected parties specifies that the City of
The Colony will receive: funding reallocations totaling $18.25 million for local projects which will be
funded by Denton County through defederalization of its regional commitments; a TxDOT commitment
to fund FM 423 reconstruction; and, the refund of the municipalities' State Infrastructure Bank loan
payments; and
WHEREAS, the approval, funding and construction of these projects will improve the transportation
mobility, lessen congestion, approve air quality, and facilitate economic development for citizens in the
affected areas; and
WHEREAS, on September 13, 2005, the City Council adopted Resolution 04-66 concurring in the
decision of the affected parties to construct State Highway 121 as an electronic toll facility, within the
project limits as defined; and
WHEREAS, on February 7,2005, the City Council considered Agenda Item 3.3, and by adopted Motion
authorized the City Manager to sign and execute on behalf of The Colony the Memorandum of
Understanding which set forth the funding strategy associated with the electronic tolling of State Highway
121 and to forward comments expressing concern about and requesting clarification of policy language
relating to excess toll revenue generated by the toll facility; and
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WHEREAS, the Memorandum of Understanding, was finalized with the participation of the affected
entities, including representation of The Colony, and executed by the parties on March 3, 2005; and
WHEREAS, the concern expressed by the City Council, which was incorporated into the Motion to
authorize the City Manager to sign the Memorandum of Understanding that outlines the funding strategy
associated with construction of SH 121 as an electronic tolling facility, was formerly conveyed to the
North Central Texas Council of the Governments by correspondence under signature of the Mayor on
February 8, 2005; and
WHEREAS, Mr. Michael Morris, Director of Transportation, North Central Texas Council of the
Governments, did on March 3, 2005, prior to the formal signature conference for the Memorandum of
Understanding referenced herein, acknowledge in writing the concerns and comments of the City Council
relating to the excess toll revenue policy adopted by the Regional Transportation Council, and further
specified that the comments of the City Council will "be made a part of the permanent record which will
be used as legislative intent to interpret the broad policy guidelines concerning excess toll revenue from
toll facilities; " and
WHEREAS, subsequent to such assurances The Colony did sign and execute the Memorandum of
Understanding on March 3, 2005, and did subsequently on March 7, 2005 by Motion, approve the first
Interlocal Cooperation Agreement between the County of Denton and the Colony for a local project of
The Colony, authorized by the Memorandum of Understanding "Near Neighbor Near Timeframe Policy",
for improvements to Memorial Drive - Phase I.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, THAT:
SECTION 1. AUTHORITY
The Mayor, or Mayor's designee, IS hereby authorized and directed to implement the applicable
provisions of this Resolution.
SECTION 2. MEMORIALIZA TION OF COMMENTS
A. The City Council does hereby acknowledge that on or about September 13,2004, the adoption of
Resolution 04-66 concurring in construction of SH 121 as an electronic toll facility and on February 7,
2005 in considering Agenda Item 3.3, a Motion to Authorize with comment was adopted by City Council
and said comments were conveyed under cover of letter to North Central Texas Council of the
Governments on February 8, 2005.
B. The City Council does furthermore acknowledge the receipt of a formal response from the North
Central Texas Council of the Governments to the concern and comments of the City Council concerning
clarification and interpretation of the excess toll policy, as it relates to State Highway 121, and
acknowledges that the comments made and conveyed by the City Council to the North Central Texas
Council of Governments, and responses thereto, will be made part of the permanent record of the
Regional Transportation Council, Excess Toll Policy documentation for attribution, reference, and
interpretation of the guidelines relating to specific thoroughfare projects, as needed.
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SECTION 3 . RECITALS
All the above precatory statements are found to be true and correct and incorporated herein for all
purposes and made a part of this Resolution.
SECTION 4. EFFECTWE DATE
This Resolution shall take effect from and after the date of its adoption.
PASSED AND APPROVED lhis/fiaay of ~
Isl ~~:bJ~N
~ Mayor
,2005.
ATTEST:
M(JL~~
City Secretary/Clerk
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