R-2481-2-06RESOLUTION NO. 2481-2-06(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, RESCINDING RESOLUTION NO. 2431-8.05(8) AND
SUPPORTING THE NORTH TEXAS TOLLWAY AUTHORITY PROPOSAL TO
CONSTRUCT, MAINTAIN AND OPERATE SH 121 AS A TOLL ROAD IN COLLIN
COUNTY FROM THE DALLAS NORTH TOLL ROAD TO US 75; AUTHORIZING
ITS EXECUTION BY THE MAYOR OR, IN HIS ABSENCE, THE MAYOR PRO
TEM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, previously approved Resolution No. 2431-8-05(R)
that indicated support of the construction of SH 121 as a toll facility with the cities of Allen, Frisco,
McKinney and Plano and Collin County providing local control, financing and operations of the facility
through formation of a Local Government Corporation; and,
WHEREAS, the Texas Department of Transportation (TxDOT) has indicated that it would not support the
Local Government Corporation concept; and,
WHEREAS, the Cities and County have jointly requested that the North Texas Tollway Authority (NTTA)
construct, operate and maintain the SH 121 Toll Road project as a part of the NTTA system; and,
WHEREAS, the NTTA is negotiating to reach agreement with TxDOT to allow the NTTA to construct,
operate and maintain SH 121 as a toll road; and,
' WHEREAS, the NTTA expects the SH 121 Toll Road to generate revenues in excess of project costs; and,
WHEREAS, the NI TA has proposed that the revenue in excess of project costs from SH 121 Toll Road
would be paid to TxDOT as a development or lease payment and would be allocated to the Regional
Transportation Council (RTC) for use in Collin County for transportation projects.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Allen, Texas, rescinds Resolution No. 2431-8-05(R).
SECTION 2. The City Council supports the construction, operations and maintenance of SH 121 as a toll
road, including the interchanges at DNT and US 75, by the NTTA under substantial approval of the
following conditions:
The NTTA will keep the toll rates consistent with the tolls on Dallas North Toll Road (DNT) and
President George Bush Turnpike (PGBT), currently estimated to be twelve cents per mile when the
toll road is opened and with an inflation factor of 1.5% per year, assuming substantial conformance
with NTTA's projections.
b. The NI TA and TxDOT reach agreement for the NTTA to construct, operate and maintain the SH
' 121 Toll Road per the attached summary, as Exhibit "A."
C. The excess revenue will be allocated to the Cities of Allen, Frisco, McKinney and Plano and Collin
County per the attached policy to be adopted by the RTC, attached as Exhibit `B."
SECTION 3. The Mayor or, in his absence, the Mayor Pro Tem, is hereby authorized to execute a proposal
or other such documents on behalf of the City of Allen with the Cities, Collin County, N17A, and TxDOT
' that would provide for the construction, operations and maintenance of SH 121 CC as a toll road by NTTA,
substantially according to the terms and conditions set forth in the Summary attached as Exhibit "A" hereto.
SECTION 4. If there is substantial deviation from Section 2 by the State of Texas, the Texas
Transportation Commission, TxDOT, the RTC, or any entity having authority over the project, then the City's
support for converting SH 121 to a toll road shall be automatically revoked and this resolution shall be null
and void.
SECTION 5. This resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF ALLEN, COLLIN COUNTY,
TEXAS, THE 6'n DAY OF FEBRUARY, 2006.
APPROVED:
Stephen Terrell,
ATTEST:
Shelley B. George, TRMC, CITY §&RETARY
Resolution No. 2481-22481-2-06O, Page 2