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File #: 14-111   
Type: Staff Briefing - With Ordinance
In control: City Council A Session
On agenda: 1/30/2014
Posting Language: An Ordinance in connection with the TxDOT Turnback Proposal approving the negotiated Inter-Local Agreement (ILA) between the City of San Antonio and the Texas Department of Transportation (TxDOT) wherein the City would assume the maintenance responsibility of nine (9) State highways totaling 21.8 centerline miles in the City’s limits in exchange for agreed upon considerations and authorizing City staff to finalize and execute the ILA and associated legal documents. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation and Capital Improvements]
Attachments: 1. Map - State Roadways, 2. Letter of Intent to TxDOT, 3. DRAFT 01-27-2014 Interlocal Agreement for the TxDOT State Highway Trunback Proposal, 4. DRAFT 01-27-2014 1st Amendment of 1974 Municipal Maintenance Agreement - Attachment A, 5. 01-27-2014 Interlocal Agreement for the TxDOT State Highway Turn-back Proposal - FINAL, 6. Ordinance 2014-01-30-0046
DEPARTMENT: Transportation and Capital Improvements                  
 
DEPARTMENT HEAD: Mike Frisbie
      
COUNCIL DISTRICTS IMPACTED: Citywide
 
SUBJECT:
 
TxDOT Turnback Proposal
 
SUMMARY:
 
An ordinance approving an inter-local agreement (ILA) between the City and the Texas Department of Transportation (TxDOT) wherein the City will assume maintenance responsibility of nine (9) state roadways totaling 21.8 centerline miles in exchange for agreed upon considerations and authorizing City staff to finalize and execute the ILA and associated legal documents.       
 
BACKGROUND INFORMATION:
 
In August 2013, the Texas Transportation Commission considered a proposal to transfer maintenance of state-owned roadways to local governments throughout the State.  In San Antonio, this meant transferring maintenance of up to 22 state roadways (129 centerline miles) to the City.   Under State Transportation Code, municipalities are responsible for maintenance of roadways within their jurisdiction.  However, TxDOT maintains state roads within San Antonio per a 1974 Municipal Maintenance Agreement (MMA).  To officially turn back maintenance of state roads to San Antonio requires action by the Texas Transportation Commission.  
 
Staff briefed the Governance Council Committee on August 28, 2013 and then again on September 18, 2013 with information available at the time. TxDOT's proposal generated significant opposition from cities and counties including their elected representatives who viewed the proposal as an unfunded state mandate.  TxDOT revised their proposal stating that the turnback transfers only would be done on a voluntary basis and in coordination with municipalities.  A multi-departmental effort, involving Public Works, Planning, Budget, Economic Development and Intergovernmental Relations analyzed the impact if the City were to accept any state roadways.  The analysis involved determining the current condition of the state roadways, the required maintenance and transportation functionality as well as identifying potential redevelopment opportunities along the corridors.
 
On November 20, 2013, staff provided a B Session briefing before City Council on the TxDOT Turnback Proposal and a proposed Regional Mobility Plan. The regional plan included projects increasing capacity to U.S. 281, IH-10 and Loop 1604.   As part of the plan, TxDOT indicated a willingness to contribute funding to the planned projects if the City agreed to take back maintenance of the entire 129 miles of state roadways.  Council's direction was to re-engage in discussions with TxDOT and come to an agreement that would result in an equitable distribution of cost to the City and TxDOT.  
 
On January 3, 2014, Mayor Julian Castro, District 6 Councilman Ray Lopez and City Manager Sheryl Sculley signed a letter of intent addressed to the Texas Transportation Commission Chair Ted Houghton indicating the City's willingness to take over maintenance responsibility for a portion of the State Roadways in exchange for certain conditions to be provided by TxDOT at no cost to the City.  
 
Currently, the City is developing a Comprehensive Plan with initial studies available in Spring 2014.  The initial studies will provide insight as to opportunities to accommodate the projected additional one million residents in Bexar County by 2040. The Plan will identify areas of growth and development or redevelopment potential and once complete, will enable the City to better plan, prepare, and invest in areas projected for growth through direct development control of the street standards, which in turn could help incentivize private development.
 
ISSUE:
TxDOT's original Turnback Proposal included turning all 22 state roadways (129 centerline miles) over to the City to maintain.  Over the past several months, staff has continued discussions with TxDOT and City Council in various forums.  As a result, a preliminary agreement has been developed that entails the City assuming maintenance responsibility of the following nine (9) state roadways totaling 21.8 centerline miles beginning in 2014 in a phased manner with all assumed by 2017 in exchange for agreed upon considerations from TxDOT.  
 
1.      SL368 - Broadway (IH35 to Alamo Heights)
2.      FM471 - Culebra (Leon Valley to Loop 1604)
3.      FM3487 - Culebra (Loop 410 to FM471)
4.      FM1517 - Eckert (Huebner to Bandera)
5.      SL345 - Fredericksburg Road (IH10 to Balcones Heights)
6.      SS66 - Lone Star Pass (Highway 16 to Toyota)
7.      SS537 - San Pedro (Loop 410 to US 281)
8.      SS53 - UTSA (IH10 to UTSA)
9.      FM1560 - Hausman (Loop 1604 to Helotes)
 
In exchange for the turnback of the proposed roadways, TxDOT is to provide the following at no cost to the City:
·      4,500 square feet of additional office space at TransGuide
·      Property needed for the Henry B. Gonzalez Convention Center expansion
·      $250,000 towards the Lackland AFB SW Military Corridor Enhancement Project
·      $150,000 towards the Wurzbach Parkway traffic study
·      "Complete street" reconstruction associated with VIA streetcar on the Broadway corridor ($8 million estimated value)
 
Upon action by the Texas Transportation Commission, the City will assume maintenance of aforementioned roadways.  Before the turnback, TxDOT will ensure the appropriate maintenance is provided and staff will negotiate the final terms of the ILA with TxDOT that will include adjustments to the MMA, potential cash payment to the City, and transfer title of land.  
 
The Mayor and City staff have expressed to TxDOT in the negotiation that there is an expectation that TxDOT will seek to provide additional funding for the region as result of the City's participation in the turnback program.
 
 
Currently, the City is responsible for the maintenance of over 4,066 miles of City streets with an average annual street maintenance budget of $35 million.  Based on a FY 2010 city-wide street condition survey, it would cost the City approximately $55 million to maintain the current condition of the streets.  Assuming maintenance responsibility for any of the state roads would add to the current $20 million funding gap for maintenance of the current street network.  However, transportation efficiency and safety benefits of the regional mobility plan outweigh the financial burden the City will incur to assume maintenance of some additional roadways incorporated into the City's network.  Furthermore, assuming jurisdiction over the identified nine (9) State roadways will allow the City to control land-use access management and multi-modal traffic safety and efficiency.   City or other agency projects along these corridors would not require additional time, funds or fulfillment of TxDOT and Federal Highway Administration permitting processes.  
 
Growth projections by the San Antonio-Bexar County Metropolitan Planning Organization show a 1 million population increase in the next 25 years.  Traffic congestion along State highways contributes to congestion along City streets.   Therefore, projects that help reduce congestion on the State highway system result in reduced congestion and improved safety along City streets.
 
ALTERNATIVES:
 
The City could opt to take back no roadways at this time and await completion of the City's Comprehensive Plan and advocate for local funding legislation in 2015.  
 
FISCAL IMPACT:
 
Staff is proposing to take back nine (9) State roadways totaling 21.8 Centerline Miles.  Maintenance of the proposed roadways will be minimal for the next five years; however, staff has estimated that it will cost the City $2.5 million annually over the next 20 years to maintain the identified nine (9) roadways.  Cost associated with the maintenance is not included in the Adopted Budget.  Maintenance costs will be evaluated with the Five Year IMP and funding will be recommended with the annual budget process.  TxDOT will be required to provide any necessary maintenance of the roadways prior to take back by the City.  
 
RECOMMENDATION:
 
Staff proposes to take back maintenance of the following nine (9) State roadways totaling 21.8 centerline miles beginning in 2014 through 2017 in exchange for said agreed upon terms outlined in the final ILA with TxDOT to include maintenance requirements.
 
1.      SL368 - Broadway (IH35 to Alamo Heights)
2.      FM471 - Culebra (Leon Valley to Loop 1604)
3.      FM3487 - Culebra (Loop 410 to FM471)
4.      FM1517 - Eckert (Huebner to Bandera)
5.      SL345 - Fredericksburg Road (IH10 to Balcones Heights)
6.      SS66 - Lone Star Pass (Highway 16 to Toyota)
7.      SS537 - San Pedro (Loop 410 to US 281)
8.      SS53 - UTSA (IH10 to UTSA)
9.      FM1560 - Hausman (Loop 1604 to Helotes)