ST9904-AG040914AGENDA REQUEST Fi, dM
COPPELL
DEP' 'ngineering/Public Works
DATE: September 14, 2004
ITEM #: 23
ITEM CAPTION:
l)iscussion and consideration of Memorandum of Understanding concerning S.H. 121 Funding Strategy; and
authorizing thc City Manager to sign.
IIII
GOAL(S):
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve subject to
ascertaining if accrued interest
:an be added under the second
bullet point.
M - Tunnell
S - Raines
Vote - 6-0
Suhy absent
EXECUTIVE SUMMARY:
Approx al of this Memorandum of Understanding will clarify TxDOT's position in regard to the funding of S.1t.
121 anti other roadways in the vicinity.
Staff will be available to answer any questions at the Council meeting.
Agenda Request Form - Revised 02/04 Documcn Name: #SHI21-1AR
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To;
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
September 14, 2004
Discussion and consideration of Memorandum of Understanding concerning
S.H. 121 Funding Strategy; and authorizing thc City Manager to sign.
On September 7, 2004, the City of Coppell received the draft copy of the long awaited
Memorandum of Understanding, S.H. 121 Funding Strategy. The S.H. 121 Funding Strategy was
brought about by TxDOT's position that all new and proposed state highways undergo scrutiny
to determine whether or not they would be better served as toll roads, whether than freeways. The
analysis of S.H. 121, from northwest Coppell to the Dallas North Tollway, reveals that it was a
prime candidate to be a tollway, as opposed to being a freeway.
Council may recall that several years ago five cities joined with Denton County to pledge funding
for S.H. 121 to expedite its construction. That pledged funding was used as leverage to obtain a
loan from the State Infrastructure Bank (SIB) to expedite construction. Because of the analysis
concerning the conversion of S.H. 121 from a freeway to a tollway, the affected parties have been
meeting with TxDOT and representatives of the North Central Texas Council of Governments
(NCTCOG) concerning support of the conversion of S.H. 121 to a tollway.
The Memorandum of Understanding lists all cities and counties affected by S.H. 121 and also list
concessions that will be made to gain those adjoining communities' support for the conversion of
S.H. 121 from a freeway to a tollway.
Specifically in the City of Coppell, the Memorandum of Understanding states that NCTCOG
would agree to:
1) Fund $3.64 million toward construction of Freeport Parkway from S.H. 121 to Sandy Lake
Rd. This is a new roadway through property that is currently undeveloped.
2) Fund $3.368 million toward the widening of Freeport Parkway from Sandy Lake Rd. to Ruby
Rd. This is the widening of State Road from Sandy Lake Rd. to Wagon Wheel Park from its
current 2-lane asphalt to a 4-lane divided boulevard.
3) Work with TxDOT to expedite construction of the "Funnel" project on S.H. 121/S.H. 114.
This project impacts traffic flow along the western boundary of Coppell Road and has long
been a high priority of Coppell and Grapevine.
4) Work with TxDOT to ensure placement of a northbound exit ramp from S.H. 121 to serve
Sandy Lake Road. The main concern here is having an exit ramp in the general proximity of
Sandy Lake Road, not 9000 feet and several intersections south of Sandy Lake Road. A
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
byproduct of any ramp to serve Sandy Lake Road would be to protect the integrity of the
proposed diamond interchange at Freeport Parkway.
One of the goals of getting the funding for the construction of Freeport Parkway is to help siphon
some of the traffic that currently uses Denton Tap Rd. and MacArthur Blvd. in the mornings off
of those roadways and placing them on Freeport Pkwy. so that they can go directly along the
western fringes of Coppell to reach I.H. 635 and/or S.H. 114. The construction of Freeport
Parkway was identified as a potential project in the RTTF committee.
With the money pledged by NCTCOG and the estimated construction of Freeport Pkwy., Coppell
will need to come up with a 20% match. Depending on the cost of construction and the right-of-
way associated with Freeport Pkwy., the 20% match could be in the range of $1.7 million.
Currently, sta has paid $1.2 million as part of our funding share towards expediting
constructi6ff of S.H. 121. That $I.2 million would be used as a portion of our local match
toward the construction of both sections of Freeport Parkway.
Based on all meetings and discussions concerning S.H. 121 being converted from a freeway to a
tollway, it is my understanding that TxDOT has the right to make that determination without the
support of the adjoining cities. I specifically asked whether or not TxDOT could mandate S.H.
121 be a tollway, as opposed to being a freeway at the Surface Transportation Committee
meeting at NCTCOG. The answer to my question was that they do have that right; however, they
have never exemised that right i.e., constructed roadways, widened roadways, converted
roadways, etc. without the support of the adjoining cities. The bottom line is TxDOT has the
right to convert S.H. 121 to a tollway. Our goal in supporting the Memorandum of
Understanding is to be assured that the City of Coppell receives consideration for our support of
S.H. 12l being converted from a freeway to a tollway.
Staff recommends approval of Memorandum of Understanding concerning S.H. 121 Funding
Strategy. Staff will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM OF UNDERSTANDING
S.H. 121 Funding Strategy
This memorandum of understanding (MOU) is a staff planning document that is intended to outline the agreement
regarding the S.H. 121 tollway funding strategy. On March 25, 2004, the Texas Transportation Commission approved
Minute Order 109615, which allows the Texas Department of Transportation (TxDOT) to issue bonds and other public
securities to fund state highway system improvements. Subsequently, TxDOT and the North Central Texas Council of
Governments (NCTCOG) recommended the construction of S.H. 12 l to as an electronic toll facility from the southern
end of the S~I. 121 Bypass at Denton Creek to the Dallas North Tollway (DNT). Denton County, The Colony,
Lewisville, c.,~rrollton, Coppell, Frisco, Piano, and Grapevine concur with the TxDOT and NCTCOG recommendation.
The impacted~rties agree to the following terms:
DENTON COUNTY
I.H. 35 E: from Prt~ident George Bush Turnpike (PGBT) to the Lake Lewisville Bridge
· Denton Cou/~y will contribute $57 Million from TRIP-04, the Transportation Road Improvement Program -
2004.
· TxD?T agrees Ko fund the remaining cost of Design, Right-of-Way (ROW) and Construction.
· TxDOT agrees t~make every effort possible to open I.H. 35E to traffic within 7 years of agreement on S.H. 121.
F.M. 720: from .2..Miles W~t of Garza Lane to .1 mile west of F.M. 423
· D~nton County agre~ to use $6 million in TRIP-04 funds to provide the Environmental Assessment (EA),
Schematic, PS&E, an/txl 0% of ROW costs, with remaining funds cornnut~ed to the cost of construction.
· TxDOT/NCTCOG agre~xto fund 90% of ROW and the remaining cost to construct F.M. 720.
· T_xDOT_/NCTCOG agree ~make every effort possible to open F.M. 720 to traffic by 2008.
F.M. 423: from S.H. 121 to U.S. 380X
· Denton County will provide the~A, Schematic, and PS&E for F.M. 423 from Stewarts Creek Road to U.S. 380.
· Denton County agrees to fund 10% of ROW for F.M. 423 from Stewarts Creek Road to U.S. 380 fi'om $3.5
million in TRIP-04 funds with the r~ining funds committed to the cost of construction.
· Denton County agrees to fund 10% o~l}OW for F.M. 423 from SH 121 to Stewarts Creek Road.
· TxDOT/NCTCOG agree to fund 90% or, Row for F.M. 423 from SH 121 to U.S. 380.
· TxDOT/NCTCOG agree to fund remainin~cost of construction for F.M. 423 from Stewarts Creek to U.S. 380.
· TxDOT/NCTCOG agree to fund 100% of construction for F.M. 423 from SH. 121 to Stewarts Creek.
· TxDOT/NCTCOG agree to make every effort ~ossible to open F.M. 423 to traffic within 6 years of agreement
on S.H. 121. '
De-federalization of Pro[ects
Denton County agrees to reprioritize $18.25 million of its participation in the following projects in the following
amounts:
· I.H. 35E Precinct 2 funds totaIing $2 million
· F.M. 423 Precinct 2 funds totaling $10.5 million
· F.M. 544 Precinct 2 funds totaling $5.75 million
TxDOT/NCTCOG agree to fund the $18.25 million reprioritized by Denton County as outlined above, if Denton County
wilI fund the following local projects:
· Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million
· South Colony Blvd from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million
· Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 million
· F.M 423 10% ROW totaling $4 million
· The Colony's share of utility costs along F.M. 423 totaling $3 million
Page I of 3
COLLIN COUNTY
TxDOT agrees to refund Collin County's State Infrastructure Bank loan expenditures.
CITY OF THE COLONY
Denton County agrees to fund the following projects as listed in the De-federalization section: · Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4 lanes) totaling $4.75 million
· South Colony Blvd from Memorial Drive to S.H. 121 (0 to 4 lanes) totaling $2.25 million
· Paige Road from South Colony to North Colony (4 to 6 lanes) totaling $4.25 m/Ilion
· F.M. 423 10% ROW totaling $4 million
· The Colony's share of utility costs along F.M. 423 totaling $3 million
· TxDOT agrees to retted the City of The Colony's State Infrastructure Bank loan expenditures.
CITY OF LEWISVILI
\
I.H. 35 E from PGBT to Lake L~wisville Bridge
· TxDOT/NCTCOG agree t~ fund an additional $8 million to replace the City of Lewisville's $8 million bond
fund contribution to the 1.11~ 35E project.
Local Projects: · NCTCOG agree to fund $8 million toward a local project, preliminarily identified as Corporate Drive, in the City
of Lewisville. The City of Le,~isville agrees to fund the Iocal match for this project.
· TxDOT agrees to refund the Ci~ of Lewisville's State Infrastructure Bank loan expenditures.
CITY OF CARROLLTON
I.H. 35 E from PGBT to Lake Lewisville l~ridge · Denton County will contribute $57 IX~lilliun from TRIP-04.
· TxDOT agrees to fund the remaining'~:ost of Design, Right-of-Way (ROW) and Construction.
· TxDOT agrees to make every effort p{~sible to open I.H. 35E to traffic within 7 years of agreement on S H 121.
Beltline Road from Jackson Road to 1000 feet~vest of I.H. 35E
· TxDOT/NCTCOG agree to fund $10 million towards the reconstruction of Beltline Road to create a grade-
separated facility that will pass under I.H.~35E and the existing rail lines in the area.
· Carollton agrees to allocate its State Infras/\ructure Bank loan funds to its local match for Beltline Road.
·201TxDOT/NCTCOG1 agree to fund the projecl~,in~. 2005 and make every effort possible to complete the proj'ect by
\
CITY OF COPPEI,L
Freeport Parkway from S.H. 121 to Sandy Lake Road; i~ew roadway; 0 to 6 lanes
· NCTCOG agrees to fund $3.64 million toward con,ruction of Freeport Parkway.
· Coppell agrees to allocate its State Infraslructure Loan funds to its local match for Freeport Parkway.
Freeport Parkway from Sandy Lake Road to Ruby Road; addition of lanes; 2 to 4 lanes · NCTCOG agrees to fund $3.368 million toward the widening of Freeport Parkway.
· Coppell agrees to allocate its State Infrastructure Loan fhnds to its local match for Freeport Parkway.
The Funnel Project:
· TxDOT/NCTCOG agree to expedite constmctiun of the "Funnel" project on S.H. 121/S.H. 114 from Business
114 to the Dallas County Line.
TxDOT ensures placement of a northbound exit ramp on S.H. 121 to serve Sandy Lake Road, the ramp should: · Protect the diamond interchange planned at S.H. 121 and Freeport Parkway
· Provide access to Grapevine Mills Shopping Mall
Page 2 of 3
CITY OF GRAPEVINE
The Funnel Project: · TxDOT agrees to fully fund and expedite construction of the "Funnel" project on S.H. 121/S.H. 114 from
Business 114 to the Dallas County Line.
· TxDOT agrees to refund the City of Grapevine's State Infrastructure Bank loan expenditures.
CITY OF PLANO
U.S. 75 Ramp Improvements at Parker Road:
· NCTCOG agrees to reallocate federal funds from two intersection improvement projects at Preston Road/Legacy
Drive and Spring Creek Parkway/Coit Road, and from thc Los Rios Boulevard widening project to construct
ramp improvements at U.S. 75 and Parker Road.
CITY OF FRISCO
The City of Frisco benefits from the co~truction of F.M. 720 and F.M. 423.
This agreement is contingent upon approval of the terms outlined here n by the policy body of each impacted party,
well as finaI approval of the funding packz ~,e by the Texas Transportation Commission.
William Hale
Texas Department of Transportation
Michael Morris
North Central Texas Council of Governments
as
John Polster
Denton County
Dale Cheatham
City of The Colony
Jim Witt
City of Coppell
Tom Muehlenbeck
City of Piano
\ Ruben Delgado
Collin County
N2~onard Martin
G, ity of Carrollton
Claudei~'~ing
City of L'~wisville
Jerry Hodge x~\
City of Grapevin~
George Purefoy
City of Frisco
Page 3 of 3
Ken Griffin - SH 121 Memoram ,~ of Understanding (MOU)
From:
To:
Date:
Subject:
CC:
Ken Griffin
Christie Jestis
9/15/2004 12:03 PM
SH 121 Memorandum of Understanding (MOU)
Clay Phillips; Jim Wiit
Christie
This email is a followup to the conversation this moming between Jim Witt, myself and you concerning the MOU. On September 14, 2004
City Council voted to approve the MOU with one clarification. The Council has requested that the section that refers to the previously paid
money by the City for our share of the State Infrastructure Fund address the issue of accrued interest. The time frame from now to the
utilization of the previously paid funds could be 3 - 4 years or longer.
Thanks for your help on this request.
Ken Griffin P. E.
Director of Engineering/Public Works
972~304-3686
kgriffin(~t~ci.coppe![,tx,~[s
From: Ken Griffin
To: Paula Crocker
Date: 9/8/2004 10:24:44 AM
Subject: Fwd: S.H 121 MOU
>>> Christie Jestis <cjestis@nctcog.org> 9/7/2004 4:22:35 PM >>>
S.H. 121 Toll Package Stakeholders:
Attached is the draft Memorandum of Understanding (MOU) relating to the funding package that has been
put together to construct S.H 121 as a toll facility. This MOU outlines the terms of agreement discussed
at multiple meetings. Please note that we are proposing that this MOU serve as a staff planning
document, which will be supported by subsequent approval by your policy bodies (via resolutions) and by
the Texas Transportation Commission's approval of the project list.
Please review the document and provide comments back to me. We originally discussed having a MOU
signed by the Regional Transportation Council (RTC) meeting this week, however, we have not been able
to finalize the draft document until now. Therefore, if I receive comments from all parties in time, we can
have it ready in time for the RTC meeting. As this scenario is unlikely, please send me your comments by
next Tuesday, September 14, 2004.
Once I receive and incorporate comments from all the impacted parties, we will circulate a paper copy to
be signed by each of the entities on the MOU.
Thanks,
Christie
<<SH 121 MOU_Draft.doc>>
Christie Jestis
Senior Transportation Planner
North Central Texas Council of Governments
email: cjestis@nctcog.org
(817) 608-2338 direct line
(817) 640-3028 fax