Number 28T_H E • C, T Y- O F DEP' 'ngineering /Public Works
AGENDA REQUEST Fv LL
� <M COPPE
. DATE: September I4, 2004
- a
ITEM #: 23
ITENI CAPTION:
Discussion and consideration of Memorandum of Understanding concerning S.H. 121 funding Strategy; and
authorizing the City Manager to sign.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
1111 �e 15
O
GOAL(S): „�■`
EXECUTIVE SUMMARY:
Motion to Approve subject to
ascertaining if accrued interest
can be added under the second
bullet point.
M - Tunnels
S - Raines
Vote - 6 -0
Suhy absent
Approval of this Memorandum of Understanding will clarify TxDOT's position in regard to the funding of S.11.
121 and other roadways in the vicinity.
Staff will be available to answer any questions at the Council meeting.
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FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: #SH 121 -1 AR
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: September 14, 2004
RE: Discussion and consideration of Memorandum of Understanding concerning
S.H. 121 Funding Strategy; and authorizing the City Manager to sign.
On September 7, 2004, the City of CoppeIl 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 Toilway, 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 u. $1.7 million.
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Currently, staff has paid $1.2 million as part of our funding share towards expediting
construction- of S.H. 121. That $1.2 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 exercised 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. 121 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"
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Texas DOPUe 7,77,,; ,,....._
Regional Transportation Council Disim- rdF -
The Transportation Policy Body for the North Central Texas Council of GovernmeQ�,/t� _
(Metropolitan Planning Oroarnzation for the Dallas -Fort Worth Region)
TO: S.H. 121 Memorandum of DATE: March 24, 2005
Understanding Signatories
FROM: Michael Morris, P.E.
Director of Transportation
SUBJECT: Transmittal of S.H. 121 Memorandum of Understanding
The S.H. 121 Memorandum of Understanding (MOU) that outlines the funding strategy
associated with the tolling of S.H. 121 from the southern end of the S.H. 121 Bypass at Denton
Creek to the Dallas North Tollway has recently been finalized. A fully executed original is being
transmitted to you via certified mail. As noted in the document, this MOU serves as a staff
planning document, which will be supported by subsequent approval by your policy bodies by
resolution.
The North Central Texas Council of Governments and Texas Department of Transportation
have secured or are pursuing funding for all projects identified in the MOU. Please note that all
projects included in the S.H. 121 MOU will go to bid as soon as funding is available and the
project is ready for construction. We look forward to working with you in the future to monitor
these projects and facilitate their timely implementation.
Please contact Christie Jestis or me at 817/695 -9240 if you have any questions or if you need
any additional information regarding the S.H. 121 Memorandum of Understanding.
Michael Morri , P.
LS:bw
Enclosure
cc: Bob Brown, P.E., Assistant District Engineer, Texas Department of Transportation
Ken Griffin, P.E., City Engineer, City of Coppell
Jerry Hodge, Director of Public Works, City of Grapevine
Cesar Molina, Jr., P.E., Director of Transportation, City of Carrollton
John Polster, Innovative Transportation Solutions, Inc.
Cissy Sylo, P.E., Director of Engineering Servi es 'f t o uy�V
Alan Upchurch, P.E., City Engineer, City of PI
2004 -2005 UPWP Element 3.01 Project F* ' ) AWL Disc. EnV. 2P.
P comment
Ar
P. 0. Box 5888 • Arlington, Texas 76005 -5888 f8t o
�nl http: / /www.nctcog.dstl -Es /trans 71 17
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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 and is not intended to be a legally binding or
enforceable agreement. On March 25, 2004, the Texas Transportation Conunission 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. 121 as an electronic toll facility
from the southern end of the S.H. 121 Bypass at Denton Creek to the Dallas North Tollway (DNT). Denton
County, The Colony, Lewisville, Carrollton, Coppell, Frisco, Plano, and Grapevine concur with the TxDOT
and NCTCOG recommendation. The impacted parties hereby do state their positions concerning the funding
strategy and, subject to the various conditions contained herein and approval of appropriate funding and
contractual documents, their intent to subsequently enter into binding agreements which will implement the
following basic terms. It is noted that all projects included below will go to bid as soon as the project is ready
for construction.
I. NEAR NEIGHBOR/NEAR TIMEFRAME POLICY
DENT ON COUNTY
I.H. 35E: from President George Bush Turnpike (PGBT) to the Lake Lewisville Bridge
• Denton County will contribute $57 million from TRIP -04, the Transportation Road Improvement
Program — 2004 from County Judge, Commissioner Precinct 1, and Commissioner Precinct 3 funds.
• TxDOT agrees to fund the remaining cost of Design, Right -of -Way (ROW), and Construction.
• TxDOT agrees to make every effort possible to open I.H. 35E to traffic by 2011 or within seven years
of agreement on S.H. 121.
F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423
• Denton County agrees to use $6 million in TRIP -04 funds to provide the Environmental Assessment
(EA), Schematic, PS &E, and 10% of ROW costs from Commissioner Precinct 1 funds with
remaining funds committed to the cost of construction.
• TxDOT/NCTCOG agree to fund 90% of ROW and the remaining cost to construct F.M. 720.
• TxDOT/NCTCOG agree to make every effort possible to open F.M. 720 to traffic by 2008.
F.M. 423: from S.H. 121 to U.S. 380
• Denton County will provide the EA, Schematic, and PS &E for F.M. 423 from Stewarts Creek Road to
U.S. 380 from Commissioner Precinct 1 funds. Denton County will also pay 10% of ROW for this
segment with $3.5 million in TRIP -04 funds with remaining funds committed to the cost of
construction.
• TxDOT/NCTCOG agree to fund remaining cost of construction for F.M. 423 from Stewarts Creek to
U.S. 380.
• Denton County agrees to fund 100% of the cost of the EA, Schematic, and PS &E for F.M. 423 from
S.H. 121 to Stewarts Creek Road.
• Denton County agrees to fund 10% of ROW for F.M. 423 from S.H. 121 to Stewarts Creek Road from
Commissioner Precinct 2 funds.
• TxDOT/NCTCOG agree to fund 90% of ROW for F.M. 423 from S.H. 121 to U.S. 380.
• TxDOT/NCTCOG agree to fund 100% of construction for F.M. 423 from S.H. 121 to Stewarts Creek.
• TxDOT/NCTCOG agree to make every effort possible to accelerate F.M. 423 letting to permit it to be
open to traffic near F.M. 720 completion and coordinated with the northern F.M. 423 segment, but in
any event within six years of agreement on S.H. 121.
Page 1 of 5
Reprioritization of S.H. 114
Denton County agrees to stage construct S.H. 114 from I.H. 35W to F.M. 156 freeing up approximately $47
million. In return, Denton County requests the following:
S.H. 114: from .3 Miles East of Wise/Denton County Line to 2,100 Feet West of F.M. 156
• Denton County to provide EA, Schematic, and 10% ROW.
• TXDOT/NCTCOG agree to fund PS &E, 90% of ROW and 100% Construction (funds for this project
already exist in the Unified Transportation Program).
• TxDOT/NCTCOG agree to make every effort possible to let S.H. 114 by 2006.
F.M. 407: from F.M. 1830 to Chinn Chapel Road
• Denton County to provide EA, Schematic, PS &E, and 10% ROW.
• TxDOT/NCTCOG agree to fund 90% of ROW and 100% of construction.
• TxDOT/NCTCOG agree to make every effort possible to let F.M. 407 by 2006.
De- federalization of Projects
Denton County agrees to reprioritize $18.25 million of its participation in the following projects in the
following amounts:
• I.H. 35E Commissioner Precinct 2 funds totaling $2 million
• F.M. 423 Commissioner Precinct 2 funds totaling $10.5 million
• F.M. 544 Commissioner 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 will fund the following local projects totaling $18.25 million:
• Memorial Drive (three sections) from Blair Oaks to Navaho (0/2 to 4lanes) 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 relocation and installation costs along F.M. 423, not funded by TxDOT,
totaling $3 million.
The defederalized funds allocated to local projects are not necessarily prioritized in the order in which they
appear in the Memorandum of Understanding, but will be funded according to the agreements executed
between Denton County (Precinct 2) and the City of The Colony.
COLLIN COUNTY
Upon reimbursement by TxDOT, Denton County agrees to refund Collin County's State Infrastructure Bank
loan expenditures.
CITY OF THE COLONY
F.M. 423: from S.H. 121 to U.S. 380
The City of The Colony benefits from the construction of F.M. 423 (see terms outlined in the Denton County
S.H. 121 Near Neighbor/Near Timeframe Projects above).
F.M. 720: from .2 Miles West of Garza Lane to .1 mile west of F.M. 423
The City of The Colony benefits from the construction of F.M. 720 (see terns outlined in the Denton County
S.H. 121 Near Neighbor/Near Timeframe Projects above).
Page 2 of 5
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 trillion
• 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 trillion
• F.M. 423 10% ROW totaling $4 million
• The Colony's share of utility relocation and installation costs along F.M. 423 not funded by TxDOT,
totaling $3 trillion
Upon reimbursement by TxDOT, Denton County agrees to refund the City of The Colony's State
Infrastructure Bank loan expenditures.
NCTCOG will request that the North Texas Tollway Authority (NTTA) have a tolltag store within the City of
The Colony to accommodate local utilization.
NCTCOG will request that NTTA initiate discussion regarding the use of tolltags by rental vehicle agencies.
CITY OF LEWISVILLE
I.H. 35E from PGBT to Lake Lewisville Bridge
• TxDOT/NCTCOG agree to fund an additional $8 million to replace the City of Lewisville's $8
million bond fund contribution to the I.H. 35E project.
Local Projects:
• NCTCOG agrees to fund $8 million toward a local project, preliminarily identified as Corporate
Drive, in the City of Lewisville. The City of Lewisville agrees to fund the local match for this project.
• Upon reimbursement by TxDOT, Denton County agrees to refund the City of Lewisville's State
Infrastructure Bank loan expenditures.
CITY OF CARROLLTON
I.H. 35E from PGBT to Lake Lewisville Bridge
• Denton County will contribute $57 million from TRIP -04.
• TxDOT agrees to fund the remaining cost of Design, ROW, and Construction.
• TxDOT agrees to make every effort possible to open I.H. 35E to traffic within 7 years of agreement
on S.H. 121.
Beltline Road from Jackson Road to 1,000 feet west of I.H. 35E
• TxDOT agrees to fund $10 million toward 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.
• NCTCOG agrees to pursue $10 million in funding toward the reconstruction of Beltline Road to create
a grade- separated facility that will pass under I.H. 35E and the existing rail Iines in the area.
• TxDOT/NCTCOG agree to fund the project in 2005 and make every effort possible to complete the
project by 2011
• The City of Carrollton will work with other local partners to identify a funding source for the
remaining funding shortfall.
• Upon reimbursement by TxDOT, Denton County agrees to refund the City of Carrollton's State
Infrastructure Bank loan expenditures.
CITY OF COPPELL
Freeport Parkway from S.H. 121 to Sandy Lake Road; new roadway; 0 to 6 lanes
• NCTCOG agrees to fund $3.64 trillion toward the construction of Freeport Parkway.
Page 3 of 5
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.
The Funnel Project:
• TxDOT/NCTCOG agree to expedite construction of the "Funnel" project on S.H. 121 /S.H. 114 from
Business 114 to the Dallas County Line.
• Upon reimbursement by TxDOT, Denton County agrees to refund the City of Coppell's State
Infrastructure Bank loan expenditures.
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, and
• Provide access to Grapevine Mills Shopping Mall.
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 S.H. 121 Bypass/Denton Creek.
• Upon reimbursement by TxDOT, Denton County 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 the Los Rios Boulevard widening
project to construct ramp improvements at U.S. 75 and Parker Road through the November 2004
Statewide Transportation Improvement Program (STIP) Revisions.
• NCTCOG agrees to fund $3 million for the U.S. 75/Parker Road Interchange project to be added to
the Transportation Improvement Program through the February 2005 STIP Revisions. An additional
$3 million in TxDOT funding will be pursued for this project.
CITY OF FRlsco
F.M. 423: from S.H. 121 to U.S. 380
The City of Frisco benefits from the construction of F.M. 423 (see terms outlined in the Denton County - S.H.
121 Near Neighbor/Near Timeframe Projects above).
F.M. 2934 from F.M. 423 to the Dallas North Tollway; widen 2 to 6 lane divided
• TxDOT agrees to fund 100% of construction costs for F.M. 2934 from F-M. 423 to the Dallas North
Tollway as previously committed by TxDOT.
• The cost estimate for this project is $12 million.
• TxDOT agrees to make every effort possible to let the project immediately upon completion of
design, approval of the EA, and ROW acquisition, which is estimated to be complete by fall 2005.
F.M. 3537 from S.H. 289 to F.M. 2478; widen 2 to 6 lane divided
• TxDOT agrees to fund 100% of the construction cost of F.M. 3537 from S.H. 289 to F.M. 2478 as
previously agreed upon between the City of Frisco and TxDOT as part of negotiations for the City of
Frisco for constructing F.M. 720 from F.M. 423 to Preston at the City of Frisco's expense.
• The cost estimate for this project is $18 million.
• TxDOT agrees to make every effort possible to let the project immediately upon completion of design,
approval of the EA, and ROW acquisition, which is estimated to be complete by spring 2006.
Page 4 of 5
Tolling along S.H. 121 from Denton Creek to the Dallas North Tollwav
• TxDOT and the City of Frisco agree that the westbound Legacy and eastbound Dallas North Tollwav
exit ramps will not be tolled.
TxDOT and the City of Frisco agree to allow a toll on the westbound Spring Creek Parkway exit ramp
only.
II. FUTURE EXCESS TOLL REVENUE POLICY
On September 9, 2004, the Regional Transportation Council of the North Central Texas Council of
Governments approved the attached policy regarding excess revenue generated by toll roads in the Dallas -Fort
Worth area. The approved policy outlines the circumstances under which excess toll revenue would become
available and be distributed.
III. SIGNATURE OF AGREEMENT
This agreement is contingent upon approval of the terms outlined herein by the policy body of each impacted
party, as well as final approval of the funding package by the Texas Transportation Commission.
William Hale, P.E.
Texas Department of Transportation
Judge M Horn
Denton County
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Dale Cheatham
City of The Colony
Tom Muehlenbeck
City of Plano
Geor urefoy
City of Frisco
4icael Moms, P.E.
North Central Texas Council of Governments
R en Delgado, P.E.
Collin County
Leonard Martin
City of Carrollton
Claude King
City of Lewisville
Page 5 of 5
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City of rapevine
Page 5 of 5
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