17-R-27 - Opposing any modification by the Alamo Area Metropolitan Planning Orginazation of its current MTP and/or ITS...RESOLUTION NO. 17 -R -27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS,
OPPOSING ANY MODIFICATION BY THE ALAMO AREA
METROPOLITAN PLANNING ORGANIZATION OF ITS CURRENT
METROPOLITAN TRANSPORTATION PLAN (MTP) AND /OR ITS
CURRENT TRANSPORTATION IMPROVEMENT PROGRAM (TIP) TO
INCLUDE ANY PLAN OR PROPOSAL OR OTHER INSTRUMENT OR
DOCUMENT THAT INCLUDES OR SEEKS TO INCLUDE ANY PART
OF OR SECTIONS OF FM 1103 CONTAINED WITHIN THE
CORPORATE BOUNDARIES OF THE CITY OF SCHERTZ;
OPPOSING ANY AGREEMENT OF ANY KIND BETWEEN TXDOT AND
THE TEXAS TURNPIKE CORPORATION, TXDOT AND CITY OF
CIBOLO OR THE CITY OF CIBOLO AND THE TEXAS TURNPIKE
CORPORATION THAT INCLUDES OR INVOLVES OR
CONTEMPLATES INCLUDING OR INVOLVING ANY SECTION OR
SECTIONS OF FM 1103 CONTAINED WITHIN THE CORPORATE
BOUNDARIES OF THE CITY OF SCHERTZ;
SUPPORTING THE CURRENTLY APPROVED TXDOT FM 1103
IMPROVEMENT PROJECT TO EXPAND FM 1103 FROM 2 LANES TO 4
LANES WITH MEDIANS, TURN LANES, SIDEWALKS AND BIKE
LANES TO BE STATE OWNED, OPERATED, AND MAINTAINED;
SUPPORTING OF THE RIGHTS OF ALL TEXAS CITIES TO EXERCISE
THEIR AUTHORITY TO PURSUE AND EFFECT INFRASTRUCTURE
IMPROVEMENTS AND ECONOMIC DEVELOPMENT PROJECTS
WITHIN THEIR CORPORATE BOUNDARIES IN THE ABSENCE OF
UNDUE INTERFERENCE OR UNNECESSARY INVOLVEMENT FROM
OUTSIDE OR FOREIGN ENTITIES OR AGENCIES;
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, on December 13, 2016, the City of Cibolo approved Resolution Number 1544
which authorized the city manager of the City of Cibolo to submit to the Texas Department of
Transportation ( TXDOT) a request to have TXDOT enter into a memorandum of understanding
(MOU) or other agreement with the Texas Turnpike Corporation; and,
WHEREAS, on December 28, 2016, the city manager of the City of Cibolo did deliver to
TXDOT a draft memorandum of understanding (MOU) pursuant to the City of Cibolo's
Resolution Number 1544; and,
WHEREAS, the aforementioned MOU clearly describes "...the proposed construction of a
tollroad project known as The Cibolo Parkway, a public tollroad extending approximately 7
miles from the intersection of Weil Road and FM 1103 in Cibolo, Texas thru and eastward to IH-
10 inclusive of all parts of FM 1103 turned back to the City of Cibolo (the "City ") all
together... "; and,
WHEREAS, the MOU repeats the City of Cibolo's desire to have the TXDOT FM 1103
improvement project, in its entirety, turned over to the City of Cibolo by TXDOT, to wit:
H. FM 1103 from 1H 35 to Weil Road is currently being developed by TXDOT,
and the Project contemplates that the City will request as part of the Project to
take over this section of FM 1103, under the TXDOT Turn -Back Program.
and,
WHEREAS, a portion of FM 1103 as described in the draft MOU and specifically as referred to
in the aforementioned Section H of the same, as written by the City of Cibolo and delivered to
TXDOT by the city manager of the City of Cibolo, includes a section or sections of FM 1103
that exists or exist and is situated or are situated completely within the corporate boundaries of
the City of Schertz; and,
WHEREAS, the aforementioned MOU was delivered to TXDOT by the City of Cibolo in the
absence of notification, consultation, discussion, negotiation, or communication with the City of
Schertz regarding the MOU; and,
WHEREAS, on January 24, 2017, the Mayor of the City of Cibolo delivered a request to the
Alamo Area Metropolitan Planning Organization ( AAMPO) to place the "tollway project" on its
Metropolitan Transportation Plan (MTP) and the Transportation Improvement Program (TIP);
and,
WHEREAS, the request to the AAMPO included the aforementioned MOU as delivered to
TXDOT by the city manager of the City of Cibolo that clearly describes the desire for a
"turnback" of the entirety of the TXDOT- improved FM 1103 to the City of Cibolo; and,
WHEREAS, a portion of FM 1103 as described in the draft MOU and delivered as part of the
letter to AAMPO sent by the Mayor of the City of Cibolo includes a section or sections of FM
1103 that exists or exist and is situated or are situated completely within the corporate
boundaries of the City of Schertz; and,
WHEREAS, the aforementioned MOU was delivered to AAMPO as an attachment to the
aforementioned letter by the City of Cibolo in the absence of notification, consultation,
discussion, negotiation, or communication with the City of Schertz regarding the MOU; and,
WHEREAS, on March 10, 2017, the City of Cibolo approved a Development Agreement
between the City of Cibolo and the Cibolo Turnpike L.P. (AKA Texas Turnpike Corporation)
and,
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WHEREAS, the Development Agreement repeats the City of Cibolo's desire to have the
TXDOT FM 1103 improvement project, in its entirety, turned over to the City of Cibolo by
TXDOT, to wit:
Under TxDOT's "Turn -Back Program" the City [of Cibolo] will request that
upon TxDOT's completion of the FM 1103 Improvements that TXDOT transfer to
it (or an instrumentality thereoji ownership of FM 1103 from IH 35 to Weil Road
including the ROW.
and,
WHEREAS, a portion of FM 1103 as described in the Development Agreement between the
City of Cibolo and the Cibolo Turnpike L.P. (AKA Texas Turnpike Corporation) includes a
section or sections of FM 1103 that exists or exist and is situated or are situated completely
within the corporate boundaries of the City of Schertz; and,
WHEREAS, the aforementioned Development Agreement between the City of Cibolo and the
Cibolo Turnpike L.P. (AKA Texas Turnpike Corporation) was executed by the City of Cibolo in
the absence of notification, consultation, discussion, negotiation, or communication with the City
of Schertz regarding said Development Agreement; and,
WHEREAS, the Northeast Partnership for Economic Development (NEP) is a 501 (c)(6) non-
profit corporation formed to promote economic growth and quality of life projects in the area
northeast of San Antonio; and,
WHEREAS, the NEP, by virtue of the Resolution styled NEP 01- 12 -17, expressed its support
for the City of Cibolo "tollway project" if and only if and believing that the City of Cibolo
"tollway project" was wholly contained within the City of Cibolo's corporate boundaries; and,
WHEREAS, the City of Schertz and the NEP, through the Resolution styled NEP 01- 12 -17,
strongly support and seek to defend the venerable ideal of local control in municipal government
matters, including the right of the City of Cibolo to pursue its tollway project if wholly contained
with its corporate boundaries; and,
WHEREAS, the Texas Transportation Code, Chapters 201, 221, and 361, authorize the State to
lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise
the State Highway System; and,
WHEREAS, Texas Transportation Commission Minute Order Number 114264 authorizes the
State to undertake and complete a highway improvement generally described as an Expansion of
from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike Lanes; and,
WHEREAS, the City of Schertz has requested that the State allow the City of Schertz to
participate in said improvement by funding that portion of the improvement described as the
Expansion of FM 1103 from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike
Lanes; and,
FM 1103 City of Schertz - 3 -
WHEREAS, City of Schertz and the State have together determined that such participation
between the City of Schertz and the State of Texas is in the best interest of the citizens of the
City of Schertz and of the State;
WHEREAS, the City of Schertz voters supported the participation in the currently approved FM
1103 improvement project with TXDOT through their support of the 2015 General Obligation
Bonds for FM Roadway improvements, with $2,000,000.00 allocated specifically to the
currently approved FM 1103 project as a grant to the State of Texas; and
WHEREAS, the City of Schertz entered into a fixed price joint participation agreement to
contribute to the State funding to support defraying the cost of acquiring the right of way and
relocating or adjusting utilities for the proper improvement of the State Highway System related
to Highway No. FM 1103, and as authorized by the voters of the City of Schertz; and
WHEREAS, the City of Schertz, a partner with TXDOT on the FM 1103 Project, supports the
continued and proper use of the authorized General Obligation Bond funds for a State owned,
operated, and maintained Highway No. FM 1103; and
WHEREAS, the City of Schertz opposes any plan, project, change to plan, or change to project
that would adversely affect and /or negatively impact the City of Schertz and /or the motoring
public that builds upon or amends or otherwise seeks to make changes to the current TXDOT
FM 1103 expansion project without the express and written consent of the City of Schertz in the
presence of a duly passed resolution stating the same; and
WHEREAS, the City of Schertz opposes any plan, project, change to plan, or change to project
that would remove, limit, or seek to limit State or City of Schertz local control over roadways
currently within the corporate boundaries of the City of Schertz;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City of Schertz categorically opposes the turning over
or turnback or sale or other release or transfer of State owned or controlled roads,
highways, road improvements, roadway rights of way or any other State controlled
or owned roadway asset situated or located within the corporate boundaries of the
City of Schertz to any individual, corporation, company, partnership, political
subdivision of the State or any other legal entity other than the City of Schertz.
Section 2. The City of Schertz categorically opposes any modification
to the AAMPO Metropolitan Transportation Plan (MTP) and /or the Transportation
Improvement Program (TIP) that changes, seeks to make changes to or
contemplates making changes to the existing TXDOT FM 1103 improvement plan
that contemplates including or actually includes any section or sections of FM
1103 that are existing or situated within the corporate boundaries of the City of
Schertz, particularly as proposed in the MOU as submitted by the City of Cibolo in
its letter to the AAMPO dated January 24, 2017.
FM 1103 City of Schertz - 4 -
Section 3. The City of Schertz opposes any modification to the
AAMPO Metropolitan Transportation Plan (MTP) and /or the Transportation
Improvement Program (TIP) that changes, seeks to make changes to or
contemplates making changes to the existing TXDOT FM 1103 improvement plan
that contemplates including or actually includes any section or sections of FM
1103 that are existing or situated within the corporate boundaries of the City of
Schertz, generally, without the assent and express written consent of the City of
Schertz in the presence of a duly passed resolution stating the same.
Section 4. The City of Schertz opposes any agreement or memorandum
of understanding or development agreement or any other instrument purporting to
establish an agreement between TXDOT and the City of Cibolo, TXDOT and
Texas Turnpike Corporation or the City of Cibolo and the Texas Turnpike
Corporation that involves or includes any section or sections of FM 1103 that are
existing or situated within the corporate boundaries of the City of Schertz without
the express and written consent of the City of Schertz in the presence of a duly
passed resolution stating the same.
Section 5. The City of Schertz believes that certain provisions that are
outside the scope of the currently agreed to expansion of the TXDOT Highway
No. FM 1103 contained within the draft Memorandum of Understanding provided
by the City of Cibolo to TXDOT on December 28, 2016, and as an attachment or
enclosure as part of the letter sent by the City of Cibolo to AAMPO on January 24,
2017, are or may be deleterious to the interests of the residents and businesses of
the City of Schertz and /or the motoring public, particularly with regard to possible
negative impacts to traffic volume, traffic congestion, roadway level of service,
access, noise, and /or visual obstruction specifically as related to the portion of FM
1103 that is existing or situated within the corporate boundaries of the City of
Schertz.
Section 6. The City of Schertz believes that certain provisions
contained within the Development Agreement executed between the City of
Cibolo and Cibolo Turnpike L.P. are or may be deleterious to the interests of the
residents and businesses of Schertz and /or the motoring public, particularly with
regard to possible negative impacts to traffic volume, traffic congestion, roadway
level of service, access, noise, and/or visual obstruction specifically as related to
the portion of FM 1103 that is existing or situated within the corporate boundaries
of the City of Schertz.
Section 7. The City of Schertz opposes any plan, project, change to
plan, or change to project that would adversely affect and /or negatively impact the
City of Schertz or remove, limit, or seek to limit State or City of Schertz local
control over roadways existing or situated within the corporate boundaries of the
City of Schertz.
Section 8. The recitals contained in the preamble hereof are hereby
found to be true, and such recitals are hereby made a part of this Resolution for all
FM 1103 City of Schertz - 5 -
lawful purposes and are adopted as a part of the judgment and findings of the City
Council.
Section 9. All resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent
of such conflict, and the provisions of this Resolution shall be and remain
controlling as to the matters resolved herein.
Section 10. This Resolution shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 11. If any provision of this Resolution or the application thereof
to any person or circumstance shall be held to be invalid, the remainder of this
Resolution and the application of such provision to other persons and
circumstances shall nevertheless be valid, and the City Council hereby declares
that this Resolution would have been enacted without such invalid provision.
Section 12. It is officially found, determined, and declared that the
meeting at which this Resolution is adopted was open to the public and public
notice of the time, place, and subject matter of the public business to be considered
at such meeting, including this Resolution, was given, all as required by
Chapter 551, Texas Government Code, as amended.
Section 13. This Resolution shall be in force and effect from and after
its final passage, and it is so resolved.
PASSED AND ADOPTED, this 18th day of April, 2017.
R. Carpenter, Mayor
ATTEST:
rty, Secretary, Brenda Dennis
(CITY SEAL)
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