E TEXAS

HonorableD. 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 isproposed:

“1.

"2
.

"3

.

"4. Opinion No. C-240 Re: Authority of Highway Department to build entranceand exit ramps and access roads to the Texas Turnpike. furnished this office on Jr., Staff Services Officer

That the ,City/Fort Worth7pay $1,870.,840.02 to the Turnpikii

Authority to replace revenue that would be lost if the dime ride to Meadowbrook were discontinued. (Thisamount 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 rateuntil 1~980,

at which time the Turnpike Authority expects to retire all of its bonds, its calculated value for the 17years would be $1,870,840.22.) That the City pay $56,125.20as redemption charge for Turnpike Authoritybonds which would have to be recalledat a price higher thanpar. This amount would be $101per bond with the TurnpikeAuthorityusing the $1,870,840.02payment to retirebonds. That the Turnpike Authoritywould build two more lanes in the center of the Turnpike, between Oakland and the Mixmaster, at a cost of $596,000which would be paid by the City. That the Turnpike Authoritywould construct westbound ramps at Oakland at a cost of ?X!.~7~K$,

which amount would be paid by

-1159-_-

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

“5

. Construction of the east and westbound ramps at Beach Street was discussed,although thisproject was not a part of the proposal as submittedby Mr. Purnell. In the discussion, it was the consensus that such construction shouldbe undertaken at the same time that the otherwork is done. It was pointed out that the Turnpike Authority agreed in the past that when such rampswere 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 directionswas stated to be $266,000 by Mr. Davis.' In a letter dated March 31st, 1964, to the Texas Highway Commissionby Jack Butler, Chairman, Town Hall East SideAccess Committee, it is stated:

"Abouteightmonths 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 approvalby the representativesof the bond holders for the Turnpike, but there has been indication that this approvalwill be forthcoming. "Theplan envisions opening the Turnpike from the downtownMixmaster in Fort Worth east to Oakland Blvd. Ingress and egresswouldbe 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 stretchof road. Naturally the agreementwould entailpayment

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

for the entranceand exit ramps, the two lanes and the right-of-wayeasement 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 agreementwould be an estimated $2,792,965.22. Of this sum, construction of the new facilitieswould cost: Two additional lanes Oakland ramps Beach ramps $5g6,ooo.oo 137,000.00 133,ooo.oo q%866,000.00 "Thecity of Fort Worth has ~pledged $1,200,000.00 from its bond funds to help pay the overall cost.

office "TheCounty 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 estimatespending. However, we believe them to be accurate esti~- mates. 'Ourpetition to you is that the Texas Highway Commission agree to pay $800,000 toward the construction of the facilitiesneeded to open this fine road for our East Side residents." In view of the foregoingbackgroundyou have asked this the following question: "Willyou please furnishus with an official opinion as to whether or not the Highway Department has authority to expend highway funds for construction of such improvementson Turnpike right of way over whjch an easement for public use might be granted by the Texas Turnpike Authority between specifiedpoints of access on the Dallas-FortWorth Turnpike."

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

The Texas TurnpikeAuthority was createdby 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 suchpoints 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.anypointor points not so designated. "In ali cases ,wherecounty or otherpublic 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.andresultingdamages, if any, shallbe~paidby the Authority." Section 12 of Article 6674~ provides in part as follows: ."TheAuthority 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 contractwith any person, partnership,association or corporation desiring the usesof any part thereof, including the right-of-way.adjoiningthe paved portions, forplacing thereon gas stations,garages, stores,hotels, restaurants,or for any otherpurpose except for tracks for railroad or railwayuse, and except foruse 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 foregoingprovisions, it is apparent that the Texas TurnpikeAuthority 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 suchuse.

also, it is noted that Section 19 of Article 6674~ provides that the Turnpike Project shallbecome a part of the State Highway Systemwhen the bonds and the interest thereon shallhave been paid or a sufficientamount for the payment of all suchbonds and

-1162s- -.

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

the interest thereon to thematurity thereof or for the redemption thereof shallhave 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 agreementswith the governingbodies of incorporatedcities, towns, and villages,whether incorporatedunder 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 highwayswithin or through the corporate limits of such incorporated cities, towns, and villages,and determining and fixing the respective liabilities or responsibilitiesof the parties resulting therefrom; and such incorporated cities, towns, and villages are hereby authorized and empowered, through the governingbodies 'ofsuch cities, towns, and villages to enter into such contracts or agreementswith the State Highway Commission. Under the proposal outlined above, the Texas TurnpikeAuthoritywill receive compensation for 'useof the turnpike. The City of Fort Worth, County of Tarrant andYStateHighway Department will acquire right-of-wayeasementsnecessary to facilitate ingress and egress to the turnpike. Therefore, each agency under the proposed agreementwill be carrying out duties authorizedby law. In view of the foregoing,you are advised that the Highway Departmentmay expend highway funds for the construction of such improvementsas 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 improvementsas may be necessary to provide ingress and egress

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

to the Dallas-FortWorth Turnpikeunder the proposed agreementbetween 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-