E 

TEXAS 

Honorable D. C. Greer 

State Highway Engineer 

Texas Highway Department 

Austin, Texas 78701 

Dear Mr. Greer: 

As outlined in information 

March 17th, by Mr. H. D. DeBerry, 

of your office, it is proposed: 

“1. 

"2 . 

"3 . 

"4. 

Opinion No. C-240 

Re: Authority of Highway 

Department to build 

entrance and exit ramps 

and access roads to the 

Texas Turnpike. 

furnished this office on 

Jr., Staff Services Officer 

That the ,City /Fort Worth7 pay $1,870.,840.02 

to the Turnpikii Authority to replace revenue 

that would be lost if the dime ride to Meadowbrook were discontinued. (This amount was computed on the basis that net revenue at the 

Meadowbr.ook ramp in 1962 was $140,148, and 

that if such charge remained at that rate until 1~980, at which time the Turnpike Authority expects to retire all of its bonds, its 

calculated value for the 17 years would be 

$1,870,840.22.) 

That the City pay $56,125.20 as redemption 

charge for Turnpike Authority bonds which 

would have to be recalled at a price higher 

than par. This amount would be $101 per 

bond with the Turnpike Authority using 

the $1,870,840.02 payment to retire bonds. 

That the Turnpike Authority would build two 

more lanes in the center of the Turnpike, 

between Oakland and the Mixmaster, at a cost 

of $596,000 which would be paid by the City. 

That the Turnpike Authority would construct 

westbound ramps at Oakland at a cost of 

?X!.~7~K$, which amount would be paid by 

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_- 

Hon. D. C. Greer, page 2 (c-240) 

“5 . Construction of the east and westbound 

ramps at Beach Street was discussed, although this project was not a part of the 

proposal as submitted by Mr. Purnell. In 

the discussion, it was the consensus that 

such construction should be undertaken at 

the same time that the other work is done. 

It was pointed out that the Turnpike Authority agreed in the past that when such 

ramps were needed it would build eastbound 

ramps and the City would have the responsibility for building the westbound ramps. 

Estimated cost of ramp construction for 

both directions was stated to be $266,000 

by Mr. Davis.' 

In a letter dated March 31st, 1964, to the Texas Highway 

Commission by Jack Butler, Chairman, Town Hall East Side Access 

Committee, it is stated: 

"About eight months ago Mayor Bayard Friedman named a committee to negotiate with the Turnpike Authority to seek an agreement for use of a 

portion of the turnpike. Authority Chairman Clyde 

Ashworth in turn named a committee. These two 

groups have worked in great harmony to come up 

with a plan, and we believe we have a workable 

plan. This plan is still subject to approval by 

the representatives of the bond holders for the 

Turnpike, but there has been indication that 

this approval will be forthcoming. 

"The plan envisions opening the Turnpike 

from the downtown Mixmaster in Fort Worth east 

to Oakland Blvd. Ingress and egress would be 

provided at Oakland and at Beach Street. 

"In order to handle the increased flow of 

traffic expected, it would be necessary to build 

a lane in each direction from downtown to the 

Oakland exit. 

"At the present time, there is an income of 

about $140,000 annually to the Turnpike from a 

lo-cent toll over this same stretch of road. 

Naturally the agreement would entail payment 

-1160- 
Hon. D. C. Greer, page 3 (C-240) 

for the entrance and exit ramps, the two lanes 

and the right-of-way easement over the already 

constructed turnnike which would at the ssme 

time at least partially indemnify the Turnpike 

for the revenue loss. 

"Total cost of this agreement would be an 

estimated $2,792,965.22. Of this sum, construction of the new facilities would cost: 

Two additional lanes 

Oakland ramps 

Beach ramps 

$5g6,ooo.oo 

137,000.00 

133,ooo.oo 

q%866,000.00 

"The city of Fort Worth has ~pledged 

$1,200,000.00 from its bond funds to help pay 

the overall cost. 

office 

"The County of Tarrant has voted to spend 

$800,000.00 i.n helping acquire the right-of-way 

or easement, provided the State will appropriate 

a like amount for construction. 

"All of these figures are based on the approximate cost with final estimates pending. 

However, we believe them to be accurate esti~- 

mates. 

'Our petition to you is that the Texas 

Highway Commission agree to pay $800,000 toward 

the construction of the facilities needed to 

open this fine road for our East Side residents." 

In view of the foregoing background you have asked this 

the following question: 

"Will you please furnish us with an official opinion as to whether or not the Highway 

Department has authority to expend highway funds 

for construction of such improvements on Turnpike right of way over whjch an easement for 

public use might be granted by the Texas Turnpike Authority between specified points of access on the Dallas-Fort Worth Turnpike." 

-1161- 
Hon. D. C. Greer, page 4 (C-2@) 

The Texas Turnpike Authority was created by the provisions 

of Article 66i’4v, Vernon's Civil Statutes. Subdivision (i) of Section 5 of Article 6674~ provides: 

"TO designate the location, and establish, 

limit and control such points of ingress to and 

egress from, each Turnpike Project as may be 

necessary or desirable in the judgment of the 

Authority and the Texas Highway Department to 

insure the proper operation and maintenance of 

such Project, and to prohibit entrance to such 

Project from.any pointor points not so designated. 

"In ali cases ,where county or other public 

roads are affected or severed, the Authority is 

hereby empowere~d and required to move and replace the same, with equal or better facilities; 

and all expenses.and resulting damages, if any, 

shall be ~paid by the Authority." 

Section 12 of Article 6674~ provides in part as follows: 

."The Authority is hereby authorized to 

fix, revise, charge and collect tolls for the 

use of each Turnpike Project and the different 

parts or sections thereof, and to contract with 

any person, partnership, association or corporation desiring the uses of any part thereof, including the right-of-way.adjoining the paved portions, for placing thereon gas stations, garages, 

stores, hotels, restaurants, or for any otherpurpose except for tracks for railroad or railway use, 

and except for use by telephone, telegraph, electric light or power lines and to fix the terms, 

conditions, rents and rates of charges for such 

use. . . .I' 

In view of the foregoing provisions, it is apparent that 

the Texas Turnpike Authority has the authority to contract with 

the City of Fort Worth and County of Tarrant, and other interested agencies, for "use" of the Turnpike right-of-way, and to fix 

the terms, conditions, rents,and rates of charges for such use. 

also, it is noted that Section 19 of Article 6674~ provides 

that the Turnpike Project shall become a part of the State Highway System when the bonds and the interest thereon shall have been 

paid or a sufficient amount for the payment of all such bonds and 

-1162s 
- -. 

Hon. D. C. Greer, page 5 (C-2%0), 

the interest thereon to the maturity thereof or for the redemption thereof shall have been set aside in trust for the benefit 

of the bondholders. 

Article 6673b, Vernon's Civil Statutes, provides: 

"The State Highway Commission is hereby 

authorized and empowered, in its discretion, 

to enter into contracts or agreements with the 

governing bodies of incorporated cities, towns, 

and villages, whether incorporated under the 

home rule provisions of the Constitution, Special 

Charter, or under the General Laws, providing 

for the location, relocation, construction, reconstruction, maintenance, control, supervision, 

and regulation of designated State highways within or through the corporate limits of such incorporated cities, towns, and villages, and determining and fixing the respective liabilities or 

responsibilities of the parties resulting therefrom; and such incorporated cities, towns, and 

villages are hereby authorized and empowered, 

through the governing bodies 'of such cities, 

towns, and villages to enter into such contracts or agreements with the State Highway 

Commission. 

Under the proposal outlined above, the Texas Turnpike Authority will receive compensation for 'use of the turnpike. 

The City of Fort Worth, County of Tarrant andYState Highway Department will acquire right-of-way easements necessary 

to facilitate ingress and egress to the turnpike. Therefore, 

each agency under the proposed agreement will be carrying out 

duties authorized by law. In view of the foregoing, you are advised that the Highway Department may expend highway funds for 

the construction of such improvements as may be necessary to 

carry out the proposal to provide ingress and egress to the Texas 

Turnpike, as outlined in this opinion. 

SUMMAFX 

The,Texas Highway Department has authority to expend highway funds for the 

construction of such improvements as may 

be necessary to provide ingress and egress 

-1163- 
Hon. D. C. Greer, page 6 (&24(f) 

to the Dallas-Fort Worth Turnpike under 

the proposed agreement between the City of 

Fort Worth, County of Tarrant, Texas Turnpike Authority and the Texas Highway Department. 

Yours very truly, 

WAGGONERCARR 

Attorney General 

John Reeves 

Assistant 

JR:ms 

APPROVED 

OPINION COMMITTEE 

W.! V. Geppert, Chairman 

J. C. Davis 

Pat Bailey 

George Gray 

Jerry Brock 

APPROVED FOR TRE ATTORNEY GENERAL 

By: Stanton Stone 

-1164-