HomeMy WebLinkAboutResolution 3148a
i A RESOLUTION
No 3 / q?
A RESOLUTION ADOPTING COMMENTS ON THE
FINAL ENVIRONMENTAL IMPACT STATEMENT FOR
THE SOUTHWEST PARKWAY (SH 121T), AND
TRANSMITTING THE COMMENTS TO THE TEXAS
DEPARTMENT OF TRANPORTATION FOR THE TEXAS
DEPARTMENT OF TRANSPORTATION'S HEARING ON
THE FINAL ENVIRONMENTAL IMPACT STATEMENT
FOR THE SOUTHWEST PARKWAY (SH 121T)
WHEREAS, the proposed Southwest Parkway SH 121T ( "Project ") is necessary to
alleviate congestion, enhance regional mobility sustain economic development and enhance air
quality- and
WHEREAS on December 8, 1998 the Fort Worth City Council authorized the
negotiation and execution of an agreement with the North Texas Tollway Authority ("NTTA')
and the Texas Department of Transportation ( "TxDOT ") concerning the development of the
Project; and
WHEREAS, on November 28 2000 the City of Fort Worth ( "City ") entered into an
agreement with NTTA and TxDOT ( "2000 Tn -Party Agreement ") concerning the funding for
the Project, as well as the rights and obligations of the City NTTA and TxDOT (collectively the
`Project Partners ") for the design, construction and operation of the Project; and
WHEREAS, the 2000 Tn Party Agreement requires a final agreement among the Project
Partners before the Project.shall commence and
WHEREAS, the Project Partners are committed to incorporating a high degree of
context sensitive design standards into the Project, and the implementation of those standards is a
key component of the City's ongoing support for the Project; and
WHEREAS, the City has been working diligently with NTTA, TxDOT stakeholders and
the community at large on the development of context sensitive design standards for the Project
both through its role as a Project Partner under the 2000 Tn Party Agreement and through the
federally- mandated National Environmental Policy Act ( "NEPA ') review process and
WHEREAS, as part of an extensive public involvement effort, the City established the
Citizens Advisory Committee ( "CAC ") and, subsequently the Project Development Team
( "PDT ") to provide a process for stakeholder involvement and input regarding the context
sensitive design issues, including schematic design, aesthetic standards, urban design standards,
and other desired features and themes of the Project; and
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0 WHEREAS, the PDT building on the CAC process recommended a Preferred Design
for the Project, as was delineated in the `Summary and Recommendations" of the Transportation
Design Study Report that was dated January 2001 and
WHEREAS, the City Council, in Resolution 2693 adopted on December 19 2000
accepted the recommendations of the PDT and adopted them as the City's Preferred Design
(Alternative A) for evaluation by TxDOT and NTTA as part of the preparation of the draft
environmental impact statement ( "DEIS ") for the Project pursuant to NEPA and
WHEREAS, the City Council, in Resolution 2693 urged TxDOT and NTTA to follow
the recommendations contained in the City's Preferred Design as closely as practicable, absent
insurmountable environmental problems or unacceptable conflicts with safety and engineering
standards and
WHEREAS, NTTA and TxDOT evaluated Alternative A, accepting a portion of the
design elements and parkway characteristics and features of Alternative A in the subsequent
design Alternative C that was included in the DEIS and
WHEREAS, the City the Tarrant Regional Water District ( "TRWD ") and Streams &
Valleys, Inc., have partnered to conserve and enhance the Trinity River Corridors as a focal point
for Fort Worth neighborhoods as a means to link virtually every part of the City via the Trinity
Trails system, and
• WHEREAS, in Resolution 2923 adopted on February 25 2003 the City committed an
appropriate level of funds to implement the Trinity River Vision Master Plan program elements
as they relate to the crossing of the Trinity River by the Project, based on that which is necessary
to complement the investment of NTTA and TxDOT for those program elements, and
WHEREAS, the DEIS was released for public comment by the Federal Highway
Administration ( "FHWA ') and TxDOT in December 2002 and
WHEREAS, the City's comments on the DEIS adopted by the City Council pursuant to
Resolution 2924 on February 25 2003 identified several issues of concern in the document,
including (but not limited to) the DEIS did not adequately document and analyze the City's
public involvement process and the design recommendations of the PDT the DEIS did not
compare and contrast the design recommendations with the other design alternatives which made
it impossible to determine the mitigation needed for visual and other types of impacts the DEIS
did not adequately analyze certain potential noise, air pollution, light, traffic, historic resource,
and indirect and cumulative impacts and
WHEREAS, Resolution 2924 also stated that the features, themes, enhancements and
mitigation elements delineated in the PDT recommendations, Alternative A, as modified in the
City's Locally Preferred Alternative, adopted by Resolution 2923 on February 25 2003 are
critical to the City's support for the Project, and that the Final Environmental Impact Statement
( "FEIS ') should provide an opportunity for the City to ensure that the Project is designed and
. constructed so that the City's Locally Preferred Alternative is implemented, and
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WHEREAS, the City proposed in 2003 to develop cooperatively with NTTA a
comprehensive Corridor Master Plan for the Project in order to facilitate an overall design theme,
the Trinity River Master Plan Vision as it relates to the Project, buffer designs, architectural
details of bridges and other structures, neighborhood gateways, bridge span impact mitigation,
trail locations, landscaping and other aesthetic details, and lighting methods, so that the City can
effectively consider the Schematic Design to ensure that those design elements will be
incorporated into the plans, specifications and estimates ( "PS &E "), and
WHEREAS, to assist the City's role in the eventual Corridor Master Plan process, the
City created the Citizens Advisory Committee ( "CAG ") in Resolution No 2982 to facilitate
ongoing community input for the Project and
WHEREAS, the 2000 Tn Party Agreement provides that NTTA shall not proceed to the
preparation of PS &E for construction until the Schematic Design for the Project has been
approved by the City and by TxDOT and
WHEREAS, in its comments on the DEIS and in several other contexts throughout the
NEPA process, the City has taken the position that the FEIS should propose and analyze context
sensitive design measures and visual impact mitigation, and that the implementation of those
measures through the Corridor Master Plan process and the work of the Project Partners under
the 2000 Tn Party Agreement should be reflected in the Record of Decision ( "ROD ") for the
Project; and
WHEREAS, the FEIS was approved by TxDOT NTTA and FHWA on October 27
2004 and
WHEREAS, the purpose of this Resolution is to adopt the City's comments on the FEIS
that will be delivered to TxDOT at a public hearing on the document scheduled for December
13 2004 and to set forth the City's findings regarding the FEIS state its continued support for
the Project, and identify the next steps in the City's role as a Project Partner under the 2000 Tn
Party Agreement; and
WHEREAS, the City Council finds that the FEIS is a substantial improvement over the
DEIS, and that TxDOT should be commended for its efforts in the document; and
WHEREAS, the City Council finds that the issues of concern that were identified in the
City's comments on the DEIS were adequately addressed in the FEIS, including (but not limited
to) an analysis of the PDT's design recommendations, analysis of the visual. impacts of the
various alternatives, potential noise and air pollution, light impacts, traffic impacts, historic
resource impacts, and indirect and cumulative impacts, and
WHEREAS, the City Council acknowledges TxDOT's selection of the Locally Preferred
Alternative identified by the City in Resolution 2923 and
WHEREAS, the City Council acknowledges that TxDOT is meeting its commitment to
an expanded public review process with a public hearing. on the FEIS on December 13 2004 and
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• additional opportunities for public comment, including the opportunity to have those comments
that were not addressed in the FEIS be addressed in the ROD and
WHEREAS, the City Council finds that the discussion of mitigation measures in Chapter.
8 of the FEIS represents a commitment to incorporate context sensitive design measures into the
Project, and that the FEIS contemplates the City's continued involvement, including the
involvement of the CAG in the development of those measures through the completion of the
NEPA process and beyond into the detailed design phase of the Project; and
WHEREAS, the City NTTA and TxDOT are involved in negotiations for a second
amendment to the 2000 Tn Party Agreement ( "Second Amendment ") that will contain several
agreements between the parties that are intended to effectuate the purposes of the original Tn
Party Agreement as well as further the processes described in Chapter 8 of the FEIS and
WHEREAS, the City staff has reached an agreement in principle with NTTA and
TxDOT on the essential terms of the Second Amendment; and
WHEREAS, the City Council has authorized the City Manager (pursuant to M &C C
20435) to complete the negotiations and execute the Second Amendment on behalf of the City
provided that the final version of the amendment contains all of the essential terms described in
the Tenn Sheet attached hereto as Exhibit A, and
WHEREAS, the City Council wishes to express its continued support for the Project and
commend its Project Partners, NTTA and TxDOT for their continued efforts on behalf of the
Project and the community-
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
1) The City Council adopts the following comments on the FEIS such that:
a) The City acknowledges the following statement in Chapter 6 of the FEIS
regarding additional public involvement:
Due to public interest in this project, the City has requested
additional public involvement as this project advances. While
not traditionally provided at the FEIS stage NTTA, TxDOT
and FHWA have agreed to provide an additional Public Hearing
after the FEIS is made available to the public. Before the
execution of the ROD a summary of this additional Public
Hearing and analysis of comments received there would be
made available to the public. Mayor comments not previously
addressed in the FEIS will be noted in the ROD
b) The FEIS s discussion of visual impacts and context - sensitive design in Chapter 8
• of the FEIS is responsive to the City's previously subrrutted comments. Chapter
8 outlines various context sensitive design measures and other measures `that
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have been identified as appropriate to minimize adverse environmental impacts"
for the preferred alternative These measures are intended to contribute to the
development of a project `that fits its physical setting and preserves scenic,
aesthetic historic and environmental resources while maintaining safety and
mobility FEIS Section 8 1 1
C) Many of the measures discussed in Chapter 8 are concept level mitigation
measures" that will require further development throughout the remainder of the
NEPA process (through the issuance of the ROD) and into the detailed design
phase of the Project. The FEIS makes it clear that the City's input and
participation with respect to the ultimate design of SH 121T is expected to
continue all the way through the detailed design phase of the Project. Two
examples of this are the development of the Nature and Character Plan, utilizing
the advice and input from the CAG and the City's ongoing role as a. Project.
Partner under-the 2000 Tn .Party Agreement, as expected to be amended by the
Second Amendment (specifically including the development of the Corridor
Master Plan with NTTA) With respect to the Nature and Character Plan, the
FEIS states as follows.
The CAG has been charged by the Mayor and City Council to
develop a Nature and Character Plan for the SH 121 corridor
The Nature and Character Plan would establish
recommendations for aesthetic elements such as landscaping
buffers, wall treatments, gateways for the arterial intersections,
trails, natural elements, public art, toll plazas, lighting and
signage The CAG would present the Nature and Character
Plan to the City Council for adoption. Following receipt of the
ROD detailed design of SH 121 would begin. At that time, the
City's adopted Nature and Character Plan recommendations
would serve as a baseline for incorporation of aesthetic
elements into the detailed design of SH 121 Continuing input
from the CAG via the City would occur during the detailed
design of SH 121 [FEIS p. 6 -9
d) Section 8.21 of the FEIS states that `the Record of Decision would include the
final refined description of the conceptual mitigation presented in this FEIS The
City believes that successful implementation of the concept level mitigation
.described in Chapter 8 of the FEIS requires not only the completion of the Nature
and Character Plan based on input from the CAG but also the initiation of the
Corridor Master Plan process with NTTA prior to the execution of the ROD In
part to further that goal, the City is pursuing the Second Amendment to the 2000
Tn Party Agreement, which will provide for agreed upon nature and character
elements for the design of the Project based on input from the Citizens Advisory
Group and which will provide for the Project Partners Development of a
Corridor Master Plan for the nature and character of the Project, ultimately to be
utilized for the technical specifications of final design.
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2) The City Council hereby declares its support for NTTA s investigation of alternative
designs for Montgomery Street interchange and the Dirks Road/Altamesa Boulevard
interchange.
3) The City Council hereby authorizes the Mayor and City Manager to transmit and present
this resolution, and any other comments that may be necessary to TxDOT during the
public comment period on the FEIS
ADOPTED this 7th day of December 2004
APPROVED
CITY COUNCIL
DEC _ 7 2004
City Seof the
City of Fort Worth, .Texas
n.
City Secret,
APPROVED
CITY COUNCIL
DEC _ 7 2004
City Seof the
City of Fort Worth, .Texas
n.
•T {s DRAFT 12/07/04
FOR DISCUSSION PURPOSES ONLY
TERM SHEET
AMENDMENT #2 TO INTERLOCAL AGREEMENT
121T/TARRANT COUNTY
December 7 2004
1. EXISTING AGREEMENT, AS AMENDED, TO REMAIN IN EFFECT
The City of Fort Worth (the `City ") the North Texas Tollway Authority ( "NTTA') and
the Texas Department of Transportation ( "TxDOT ") (collectively the `Parties ")
acknowledge that all provisions of their Agreement dated November 28, 2000 as
amended by Amendment #1 (the `ILA') remain in full force and effect except as
specifically modified by Amendment #2 described herein.
2. ESTIMATED COSTS
Estimated costs for the Southwest Parkway /121T project (the `Project ") are now $300
bullion, inclusive of interchange costs but exclusive of right -of way
3. FUTURE AMENDMENT: THE FINAL FUNDING AGREEMENT
Prior to the award of any construction contract for the Project, the Parties shall enter into
an additional amendment to the ILA that shall constitute the final funding agreement for
the Project (the `Future Amendment ") the Future Amendment shall allocate
responsibility for anticipated construction and operation and maintenance costs for the
Project, and responsibility for the payment of all .timely subnutted additions and change
orders. Absent the agreement of the Parties to the contrary the Future Amendment shall
not conflict with, or place additional obligations on any of the Parties not described in,
the ILA as modified by Amendment #2.
4. NTTA'S SWDG/THE CITY'S NATURE AND CHARACTER PLAN/THE PARTIES' SWP
APPENDIX.
NTTA has created System -Wide Design Guidelines ( "SWDG ") to be utilized in the
design and construction of all NTTA projects. The City through its use of a Citizens
Advisory Group (the `CAG ") is working on (and will complete by December 13 2004)
a Nature and Character Plan that addresses design features specifically related to the
Project. After consultation among the Parties, they agree that the attached `Southwest
Parkway Appendix to the SWDG (the `SWP Appendix ") is an accurate reflection of
desired nature and character elements of the Project that shall be incorporated into an
adaptation of the SWDG for the Project. The SWP Appendix lists and generally
describes the Project's features that will be designed and constructed in a manner at
variance with the SWD provided that (a) the detailed design and development of those
features will be achieved through the Master Plan process described in paragraph 6 below
and (b) as indicated in the SWP Appendix, general issues regarding the placement of
trees the limits of NTTA s maintenance obligations, and the use of a splayed" coping
(after due consideration of any additional engineering and construction costs that result,
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durability issues, and projected maintenance needs) also will be established through the
Master Plan process.
5. USE OF THE SWP APPENDIX.
The Parties agree that NTTA shall use the SWDG as amended by the SWP Appendix in
its preparation of a `Corridor Master Plan addressing nature and character elements of
the Project (the `Master Plan') prior to NTTA initiating the preparation of plans,
specifications and estimates for the Project (the `PS &E ") each of the Parties agrees that
it will support the finalization, approval and implementation of the Master Plan provided
it complies with the SWDG as amended by the SWP Appendix and will not withhold its
approval for a reason or design feature at variance with or lacking from the SWP
Appendix, subject to the qualifications provided in the concluding sentence of
paragraph 4 above.
6. MASTER PLAN PROCESS
Prior to initiating the preparation of the PS &E, the Parties shall conduct a process that
will result in the development of the Master Plan The Master Plan will further define the
appropriate nature and character elements, and the locations of those elements, including
a master landscape plan, all in accordance and consistent with (a) the SWDG as amended
by the SWP Appendix and (b) the II.A as modified by Amendment #2.
The Master Plan process team shall be composed of the Parties staff and consultants
selected to provide the necessary technical and other assistance and input to the team and
authorized to make or implement final actions or decisions binding on the applicable
Party after the necessary review and consultation with that Party's staff and officials.
NTTA will operate as the lead agency in working with the City and TxDOT and develop
a Master Plan process schedule that will require agreement by the Parties in time for the
initial meeting in early February 2005
There will be three general collaborative planning meetings of the Parties held at the
beginning, midpoint and end of the Master Plan process, as further described in the
approved Master Plan process schedule. The beginning meeting is anticipated to run two
days with NTTA presenting a graphic representation of the Project's nature and - character
elements in accordance with (i) the SWDG as amended by the SWP Appendix and
(ii) the ELA as modified by Amendment #2. This representation will constitute a graphic
documentation that provides the Parties with a summary of items agreed upon to date,
together with a listing of items that require further collaborative development by the
Parties This representation is meant to provide the Parties with a clear understanding of
items that must be resolved as part of the Master Plan process. It is fully anticipated that
all of the Parties will provide additional input regarding items that require resolution
during the initial two -day meeting.
The midpoint and end meetings are anticipated to be one day each. NTTA will provide
documentation in advance of these meetings to facilitate a productive discussion of issues
that must be resolved. The three general collaborative planning meetings discussed
TERM SHEET - AMENDMENT #2 TO ILA -
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• above are in addition to (and not in lieu of) technical meetings involving a smaller
number of the Parties representatives that are expected to occur during the Master Plan
process. The City will be responsible for promptly communicating to the CAG the
milestones of the approved Master Plan process schedule and receiving timely comments
from -the CAG The Master Plan process will include a workshop to consider the `Trinity
River Vision Master Plan with respect to the design of the Trinity River bridges the
City may invite the Tarrant Regional Water District to attend and participate in that
workshop
The Parties agree to use best efforts to complete and fully approve the Master Plan prior
to July 1 2005 As provided in paragraph 5 above, NTTA must obtain the City's
approval of the Master Plan, as evidenced by the passage of a resolution of its City
Council, prior to NTTA initiating the preparation of the PS &E, NTTA also must obtain
the City's approval of the PS &E as provided in paragraph 8 below The Parties
acknowledge that the Master Plan process is not intended or desired to revisit or change
the geometries of the Project or to result in any other modification that might reasonably
be expected to delay or reopen the EIS process or to require a supplementation or
reevaluation of the FEIS The Master Plan process shall build upon, and add the
necessary detail to the substantial progress previously achieved by the Parties toward
finalizing the Projects design as reflected in the SWDG as amended by the SWP
Appendix and in the ILA as modified by Amendment #2
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7 RIGHT -OF WAY/UTILITY RELOCATION PLANS
Except as otherwise explicitly provided in Amendment #2, the Parties performance of
their respective obligations under the ILA shall not be postponed or suspended pending
the completion and approval of the Master Plan, including without limitation the
respective obligations of the City and TxDOT regarding the acquisition of right -of way
the City's preparation of plans for the relocation of City -owned utilities and the City's
relocation of those utilities
8. THE PS &E.
NTTA agrees that the PS &E shall document the nature and character elements contained
within the Master Plan. Prior to the award of any construction contract for the Project,
NTTA must obtain the City's approval of the PS &E, as evidenced by the passage of a
resolution of its City Council, provided that the City shall not withhold or delay its
approval if the other Parties have performed their obligations under Amendment #2 and
the 1LA (as it may be subsequently amended) NTTA also must obtain TxDOT's
approval of the PS &E in accordance with the procedures typically utilized by TxDOT
and NTTA regarding facilities similar to the Project and as further set forth in the ILA.
9 ROADWAY POSTED SPEED
The Parties agree that the Project's posted speed shall be fifty miles- per -hour (50 mph)
from Arborlawn to IH30
TERM SHEET - AMENDMENT #2 TO ILA -
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v.
• 10. VENUE AND JURISDICTION
NTTA agrees not to oppose federal or state court jurisdiction or venue in Tarrant County
for actions brought by the City for enforcement of the terms of Amendment #2 or the ILA
(as it may be subsequently amended)
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11. EIS COMMENT PERIOD
The Parties shall use all reasonable efforts to finalize this Term Sheet prior to the
December 13 2004 FEIS public hearing for the Project and, if that is accomplished, shall
thereafter use all reasonable efforts to finalize Amendment #2 as promptly thereafter as
possible (and in all events prior to the close of the public comment period on the FEIS
which will occur on or about December 31 2004) Amendment #2 and/or the SWDG as
amended by the SWP Appendix shall be referenced in the Record of Decision (the
`ROD ") using language identical to the following:
The City NTTA and TxDOT have executed a document styled Amendment #2
To The Agreement Between The City Of Fort Worth, The North Texas Tollway
Authority And The Texas Department Of Transportation Concerning The
Development Of The Southwest Parkway" that includes, among other things,
certain nature and character elements for the project. Copies of this document are
available from the City at its City Manager's Office and from NTTA at its
Executive Director's office
Further the City may enter this Term Sheet, Amendment #2 and/or the SWDG as
amended by the SWP Appendix into the record as a public comment or at that
public hearing. Additionally the Parties agree that the following provision shall
be included in its entirety in Amendment #2.
On October 27 2004 the Federal Highway Administration, TxDOT and NTTA
approved the final environmental impact statement ("FEIS') for SH 121 pursuant
to the National Environmental Policy Act ( "NEPA') 42 U.S C. §§ 4321 -4347
The FEIS contemplates an ongoing collaborative process in which various
elements of the Project are to be further detailed. Included among the several
agreements between the parties that are reflected in Amendment #2 to the ILA are
those that further the process described in Chapter 8 of the FEIS
12. FINANCIAL FEASIBILITY
As provided in the ILA, NTTA must establish the feasibility of the Project as a turnpike
project before NTTA can commit to design, construct and operate it in accordance with
NTTA s enabling legislation. Consequently unless and until said feasibility is
established, neither the ILA, Amendment #2 nor any other document or communication
creates any obligation on behalf of NTTA to construct, operate and/or maintain the
Project.
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• 13. MISCELLANEOUS.
Amendment #2 shall (a) update all notice addresses and (b) state that it is entered into for
the sole benefit of NTTA, the City and TxDOT and their respective successors and
assigns and that nothing contained therein shall be construed as giving any benefits,
rights remedies, or claims to any other person or entity
14. ENFORCEABILITY
If the agreement outlined in this Term Sheet (including the SWP Appendix attached
hereto) is accepted by the Parties, NTTA shall draft Amendment #2 consistent with the
provisions hereof None of the Parties shall have any valid and binding obligations
regarding the subject matter of this Term Sheet unless and until Amendment #2 is fully
authorized, executed and delivered on behalf of all of the Parties.
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DRAFT 12/07/04
FOR DISCUSSION PURPOSES ONLY
ATTACHMENT TO
TERM SHEET
AMENDMENT #2 TO INTERLOCAL AGREEMENT
121T/TARRANT COUNTY
December 7 2004
THE SWP APPENDIX
1. INTERCHANGES AND CROSSINGS
Arborlawn and Oakmont Interchanges. NTTA pays for bridge structure and for the
nature and character elements described in the SWDG as amended by the SWP Appendix
as depicted on Exhibit A ( Arborlawn) and Exhibit B (Oakmont) hereto
Oakbend Crossing: The City pays for bridge structure and for the nature and character
elements described in the SWDG as amended by the SWP Appendix as depicted on
Exhibit B hereto
Montgomery Interchange. The Parties anticipate that Montgomery will not be over the
Project; if that is not the case, NTTA pays for the nature and character elements described
in the SWDG as amended by the SWP Appendix, as depicted on Exhibit C hereto (if it
goes over the Project) provided that the Parties acknowledge that existing right -of way is
too limited to permit the construction of terracing, pedestrian walkways and planters.
Future Dirks- Altamesa Interchange If NTTA extends the Project beyond this
interchange it pays for bridge structure and for the nature and character elements
described in the SWDG as amended by the SWP Appendix as depicted on Exhibit A
hereto
Clear Fork (Stone2ate). Overton Ridge and Rogers Interchanges, Dutch Branch Crossing
and Montgomery Interchange (if it goes under the Project).. NTTA pays for bridge
structure (including baseline retaining structure) as depicted on Exhibit D hereto and the
City pays for all terracing, additional retaining structure, pedestrian walkway
enhancements, monumentation and other nature and character elements it desires.
Clear Fork Trinity Crossing (both West and East)- NTTA pays for monumentation at the
end of the West Crossing bridge spans and TxDOT pays for monumentation at the end of
the East Crossing bridge spans, all as depicted on Exhibit E hereto
University Crossing: TxDOT pays for monumentation, terracing and lighting as depicted
on Exhibit F hereto
2. "SMOOTH- BOTTOM" EFFECT ON BRIDGES.
University Crossing: To achieve a smooth - bottom effect, the City pays TxDOT the
cost differential between concrete box beams (or other structure type required to achieve
a smooth - bottom effect) and standard AASHTO bridge beams for University Crossing.
ATTACHMENT TO TERM SHEET -AMENDMENT #2
TO ILA - 121T/TARRANT COUNTY - Page I of 6
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• Rogers Interchange. To achieve a smooth - bottom effect, the City pays NTTA the cost
differential between concrete box beams (or other structure type required to achieve a
smooth - bottom effect) and standard AASHTO bridge beams for Rogers Interchange.
East and West Crossings of the Clear Fork of the Trinity River- NTTA and TxDOT pay
the cost differential to achieve a smooth - bottom effect on the spans extending over
trails and trail heads (and not on the two longer spans crossing the River) at the East and
West Crossings of the Clear Fork of the Trinity River- the method to provide that effect
shall be established during the Master Plan process.
3. LANDSCAPING
General As part of the Master Plan process, the Parties will agree upon a master
landscape plan consistent with the SWDG as modified by this SWP Appendix providing
for spaced concentrations of trees, turf areas and planting areas and planters. Planting
areas, planters and resulting irrigation systems shall be placed by NTTA on the
Arborlawn and Oakmont interchanges, and, if built by NTTA, on Future Dirks - Altamesa
interchange, and, if desired by the City shall be placed by the City on Oakbend crossing.
Trees.
• NTTA will provide for up to 2,900 trees and TxDOT will provide up to 1,800
trees for the interchange areas
• trees shall be sized in accordance with SWDG installation sizes as recommended
on pages 68 -74 of the SWDG Plant Palette•
• trees will not be placed in clear zones or in locations that otherwise violate or
conflict with recognized safety standards
• trees will be planted using recommended spacing criteria as defined in the
American Standard for Nursery Stock (ANSI Z60 1)
• the Parties do not intend for trees to be over - planted or to otherwise plant and thin
per criteria in the American Standard for Nursery Stock (ANSI Z60 1)
• there will be no credit' or other adjustment to the Parties obligations hereunder
if fewer than the indicated maximum number of trees can be placed, and
• additional detail regarding the placement of trees will be established during the
Master Plan process.
Maintenance.
• TxDOT will have no maintenance responsibilities regarding the Project
landscaping;
ATTACHMENT TO TERM SHEET- AMENDMENT #2
TO ILA- 121T/TARRANT COUNTY- Page 2 of %
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• • except as provided below NTTA will be responsible for maintaining landscaping
within the Project right -of way as well as on bridges and the City's streets at their
intersections with the Project, the precise limits of NTTA s maintenance
obligations regarding the City's streets to be established during the Master Plan
process,
• the City will (a) bring water service to the Project's limits and (b) provide
sufficient water for the establishment period for trees and other landscaping
planted in connection with the Project from the time of their planting up to three
years following the opening of the Project;
• NTTA will provide permanent irrigation systems and water for planting bed areas
(and all plant materials therein) and planters placed within the Project right -of
Way and other areas it maintains,
• turf areas will be watered by natural rain only- and
• the precise limits of the City's and NTTA s maintenance obligations regarding the
Project and additional detail regarding those obligations will be established during
the Master Plan process.
4. INTERCHANGE AND CROSSING ELEMENTS
. • Arborlawn and Future Dirks - Altamesa Interchanges At the outside edges of the
bridges there will be an ornamental steel picket railing with integral fence
extending from the bridge deck to the height required by AASHTO safety
standards. The pedestrian walkways will be separated from the City's street by a
planter wall that will meet applicable AASHTO guidelines. The above- described
ornamental fence and planter are depicted on Exhibit A hereto
• Oakmont Interchange and Oakbend Crossing: At the outside edges of the bridges
there will be a planter An ornamental fence will extend from the top of the
outside wall of the planter The inside wall of the planter will meet AASHTO
guidelines. The pedestrian walkways will be separated from the City's street by a
curb The above - described ornamental fence and planter and curb configuration
are depicted on Exhibit B
• The Proiect's Controlled Access Lanes over Union Pacific Railroad Tracks At
the outside edges of the bridge there will be a concrete rail as depicted on the
`NTTA -SWDG 121 Fort Worth Adaptation referenced above, and an AASHTO-
approved ornamental fence will extend from the top of the rail if additional
fencing is required by Union Pacific. There will be no pedestrian walkways.
• Other Bridges Carrying City Streets On all other bridges carrying the City's
streets over the Project, at the outside edges of the bridges there will be a concrete
rail with the ornamental X' fence extending from the top of the rail as depicted
ATTACHMENT TO TERM SHEET - AMENDMENT #2
TO ILA- 121T/TARRANT COUNTY- Page 3 Of 6
67318:47205 DALLAS 1337272.12
on the `NTTA -SWDG 121 Fort Worth Adaptation referenced above: The
pedestrian walkways will be separated from the City's street by a curb
• Bnd;?es Carrying The Protect Across.The Trinity River- On the bridges carrying
the Project's controlled access lanes across the Clear Fork of the Trinity River at
the outside edges of the bridges there will be an AASHTO- approved rail
identified during the Master Plan process facilitating views to the River- prior to
approval of 60% design of the PS &E the City may present for consideration a
crash - tested alternative rail of comparable cost. There will be no pedestrian
walkways.
• Hulen Bridge One side of the Hulen bridge will provide pedestrian access
• Other Bridges Carrying The Project: On all other bridges carrying the Project's
controlled access lanes (except University Drive interchange to be constructed by
TxDOT as provided in paragraph 1 above) at the outside edges of the bridges
there will be a rail as depicted on the `NTTA -SWDG 121 Fort Worth Adaptation
referenced above. There will be no pedestrian walkways.
5. SEPARATED BRIDGE SPANS Bridge spans crossing over the Project (except Hulen and,
if over the Project, Montgomery bridges) will be separated as generally depicted on
Exhibit G, provided however they will be designed as part of the Master Plan process so
as to comply with AASHTO and other applicable safety standards. The bridges carrying
the Project's controlled access lanes across the Trinity River also will be separated.
6. SUNSET TERRACE. NTTA shall provide a screen wall for the benefit of the four
residences marked on Exhibit H upon the following terms. The City is responsible for
determining whether consensus can be achieved among those residents and any other
affected parties regarding the desirability and location of the screen wall. Consistent with
its standard policy NTTA will construct the screen wall if the City prior to NTTA s
completion of the PS &E, can obtain.
• written approval of the wall and its location by the owners of the four residences
and any other affected parties,
• a release for NTTA and TxDOT regarding the construction, impacts and future
maintenance of the screen wall, and
• the real property or other interests required for NTTA to construct the screen wall.
The screen wall shall not exceed ten feet (10 ) in height and the parties acknowledge that
it is not anticipated or intended to provide sound mitigation benefits.
7 ALAMo HEIGHTS NEIGHBORHOOD- NTTA will provide a twenty five foot (25 ) -wide
landscaped buffer between its toll plaza and the Alamo Heights neighborhood and
extending from Concrete Street to Hopkins Street as depicted on Exhibit I, to be
defined/designed during the Master Plan process. The Master Plan shall include a
ATTACHMENT To TERM SHEET - AMENDMENT #2
TO ILA - 121T/TARRANT COUNTY - Page 4 of 6
67318:47205 DALLAS 1337272.12
• detailed element for the area described in the preceding sentence. A wall or similar
hardscape feature is not anticipated at this location. If NTTA s maintenance facility is
placed in the vicinity of the Alamo Heights neighborhood, it will generally utilize the
masonry walls and other design features present in its sirrular facility on Ohio Drive
adjacent to the President George Bush Turnpike. All stored materials and equipment
shall be suitably screened.
8. PAINTING AND MAINTAINING OF FENCING. RAILING AND OTHER ELEMENTS NTTA
shall be responsible for painting and maintaining fencing, railing, planters and other
nature and character elements within the Project right -of way as well as on bridges and
the City's streets at their intersections with the Project. The precise limits of NTTA s
maintenance obligations of the City's streets shall be established during the Master Plan
process. All other above -deck maintenance on bridges or other maintenance on the
City's streets, including with respect to driving surfaces, striping, signage and traffic
signalization, shall be the City's responsibility Neither TxDOT nor NTTA shall be
responsible for any repair maintenance or policing of trails.
9 CONSTRUCTION FOOTPRINT (RETAINING WALLS FOR TREE PRESERVATION) As
currently indicated on Exhibit J. NTTA will use retaining walls depicted on the two -sheet
graphic document referenced in paragraph 10 below and generally described as the
`NTTA -SWDG 121 Fort Worth Adaptation between the Trinity River and Fort Worth
County Day School to reasonably limit the Project's construction footprint and preserve
certain tree stands.
10. NTTA -SWDG 121 FORT WORTH ADAPTATION The two -sheet graphic document
prepared by HNTB Corporation and Carter Burgess Inc and composed of sheets titled
`NTTA SWDG 121 Fort Worth Adaptation and `SH 121 General Alignment" is
attached hereto as Exhibit K and Exhibit L, respectively and made a part hereof for all
purposes. For the purpose of clarification, the vertical and horizontal patterns depicted in
the `NTTA -SWDG 121 Fort Worth Adaptation for walls and other structures are
intended as visual and not structural elements. Additionally NTTA agrees to provide a
second background accent color (for a total of three paint colors to be used on the
Project) provided that this additional color shall be limited to barrier rail on bridges
crossing over the Project.
11. TOLL PLAZA MEDIAN The toll plaza operations building will be situated on one side of
controlled access turnpike lanes. It is critical to the safe and efficient operation of that
plaza that an unobstructed view is available from the operations building across the entire
width of the Project. Due to those operational issues, there will not be a landscaped
median at the toll plaza.
12. SIGNAGE/LIGHT STANDARDS Signage/light standards will not be painted.
13. FASCIA. NTTA, TxDOT and the City will each pay for a fascia to be utilized on the
outside of the outside beams of their respective bridges in order to lessen the visual
40 impact of the AASHTO girders. Specifically NTTA/TxDOT shall be responsible for
those costs resulting for the bridges carrying the Project over the Clear Fork of the Trinity
ATTACHMENT TO TERM SHEET - AMENDMENT #2
TO ILA - 121T/TARRANT COUNTY- Page 5 Of 6
67318:47205 DALLAS 1337272.12
River and over the Union Pacific Railroad tracks, Montgomery (if built over the Project)
Arborlawn, Oakmont, Future Dirks - Altamesa (if built) and Stonegate. The extent of the
fascia (if any) on the bridges over the Union Pacific Railroad tracks will be determined
during the Master Plan process after due and reasonable consideration of the benefits to
be achieved by that treatment in relation to resulting costs. The City shall be responsible
for costs resulting for the bridges at Montgomery (if built under the Project) Clear Fork
( Stonegate) Overton Ridge, Oakbend Crossing and Dutch Branch.
14. TXDOT COMMITMENTS TxDOT affirms its commitment to the Streams & Valleys
program included in the City Councils original LPA resolution (No 2923) regarding
(a) painting and lighting under 130 (b) split bridge spans, (c) trail head in the vicinity of
Rosedale instead of in the vicinity of the Project, and (d) pedestrian access on old
Vickery Bridge.
15. UPDATED PRELIMINARY FEASIBILITY STUDY Promptly following the complete
execution of Amendment #2, NTTA shall commence the preparation of an updated
preliminary feasibility study and shall use all reasonable efforts to finalize that study
prior to completion of the Master Plan process.
ATTACHMENT TO TERM SHEET —AMENDMENT #2
I TO ILA — 121T/TARRANT COUNTY — Paue 6 Of 6
67318:47205 DALLAS 1337272.12
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