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File #: 14-2325   
Type: Miscellaneous Item
In control: City Council A Session
On agenda: 11/13/2014
Posting Language: An Ordinance authorizing the negotiation and execution of Advanced Funding Agreements with Texas Department of Transportation to enter, design, construct and maintain street lighting improvements in the TxDOT right of way. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director Transportation and Capital Improvements]
Attachments: 1. Advanced Funding Agreement - Draft, 2. Draft Ordinance, 3. Ordinance 2014-11-13-0922
DEPARTMENT: Transportation and Capital Improvements      
 
 
DEPARTMENT HEAD: Mike Frisbie
      
      
COUNCIL DISTRICTS IMPACTED: City-wide
 
 
SUBJECT:
 
Advanced Funding Agreements with TxDOT for Street Lighting Improvements at various locations
 
SUMMARY:
 
This ordinance authorizes, on behalf of CPS Energy and other private development entities, the negotiation and execution of Advanced Funding Agreements with Texas Department of Transportation (TxDOT), authorizing CPS Energy, its contractors or other private entities to enter, design, construct and maintain street lighting improvements in the TxDOT right of way.
 
BACKGROUND INFORMATION:
 
Based on TxDOT policy, authorization for improvements on State rights-of-way only can be granted to the appropriate governmental entities.  The City of San Antonio is the governmental entity responsible for providing lighting along public streets, while CPS Energy is the City's agent and developers or other private entities must seek approval from the City.  
 
The process requires that CPS Energy or other developers submit the request to install street light fixtures within the city limits to City of San Antonio Development Services Department (DSD) or Transportation and Capital Improvements Department (TCI).  Once DSD or TCI sends an authorization letter to install street light fixtures to CPS Energy or other developers, the City would enter into an Advanced Funding Agreement with TxDOT for those improvements located along TxDOT right-of-way.  These improvements are funded by CPS Energy or the developers; however, once installed, the City may be responsible for paying the monthly rates for the street lights which will be done in accordance with established rate tariffs.
 
In the past, the individual street lighting agreements for TxDOT right-of-way have been approved by City Council individually, however, this is inconsistent with the practice for installation of street lighting on City right-of-way which is done in accordance with the Unified Development Code.  Therefore, in order to reduce administrative burden and promote consistency of the application of policy, staff is requesting that City Council allow administrative approval of these agreements with TxDOT.
 
ISSUE:
 
The City of San Antonio, on behalf of CPS and other private development entities, will enter into Advanced Funding Agreements with Texas Department of Transportation (TxDOT) to installed lighting along the TxDOT right-of-way.
 
The Transportation and Capital Improvements Department and Development Services Department support the City entering into these agreements in order for CPS Energy and Developers to move forward with the completion of street light improvements when approved by Development Services Department or Transportation and Capital Improvements Department.  
 
ALTERNATIVES:
 
City Council could choose not to authorize the administrative execution of these Advance Funding Agreements; however, this would result in inconsistent application of the street light procedures and would delay the street lighting improvements.
 
FISCAL IMPACT:
 
There is no fiscal impact regarding the execution of these Advanced Funding Agreements. Funding for the street lighting improvements is to be funded by CPS Energy or the Developers; however, once installed the City may be responsible for paying the monthly rates for the street lights which will be done in accordance with established rate tariffs.
 
RECOMMENDATION:
Staff recommends authorization of the administrative execution of these Advanced Funding Agreements with TxDOT, allowing CPS Energy and other private developers to construct and maintain illumination improvements on State rights-of-way.