Fort Walton Beach Council agenda — 02-12-02 regular Council agenda — reading text

Hill Avenue south of Lovejoy Rd. 1981 City was deeded additional ROW for Hill Ave., north of Lovejoy Rd. 1982 City built Hill Ave. north of Lovejoy Rd. to the city limit. 1984 City installed street lighting on Hill Ave., south of Lovejoy Rd. 1988 Okaloosa County built Freedom Way (later named Martin Luther King, Jr. Blvd.) as an extension of Hill Ave. The County also widened Hill Ave. north of Lovejoy Rd. 1993 City installed striping and pavement markings for traffic control on Hill Ave. October 12, 1993 City Council adopted Resolution 93- 22 requesting Okaloosa County to consider Hill Avenue as part of the County road system and take over the maintenance of the right- of-way of Hill Avenue from the city limits on the north to Hollywood Boulevard on the south." October 26, 1993 The Okaloosa Board of Commissioners took no action on the City Council' s Resolution 93- 22 at their meeting. November 4, 1993 Chainnan of the Okaloosa Board of Commissioners infonned the City, Considerations for road transfer will be held until a revised Department of Transportation Code is finalized." The Chainnan also stated that the " request will be given consideration appropriate under the then revised Transportation Code Rules." December 2, 1993 City Manager asked the County Commission to reconsider their tabling of the City' s request since the State expected to present the Final Report for the Functional Classification of Roads Study to the Legislature at their 1995 session. Page 1 P:\ PUBLlC WORKS ADMIN\ CC Agenda\ cc.020212. Hill Avenue. doc 4f:J ' 7  December 13, 1993 Board of Commissioners Chainnan stated that the County was reluctant to enter into any road jurisdictional changes until the State completed revisions to the functional classification rules. June 11, 1995 The State enacted their revised Transportation Code Rules by changing their laws for detennining public road jurisdiction through the provisions of Florida Statute XXVI " Public Transportation", Chapter 335 " State Highway System", Section 335. 0415 Public road jurisdiction and transfer process". That section established, " The jurisdiction of public roads and the responsibility for operation and maintenance within the right- of-way of any road within the state, county, and municipal road system shall be that which existed on June 10, 1995." Subsequent to July 1, 1995, " Public roads may be transferred between jurisdictions only by mutual agreement ofthe affected governmental entities." 1998 County restriped Hill Ave., including bike lanes with signage. 1998 County Constructed a roundabout at Hill Ave. and Hollywood Blvd. July 11, 2000 Mayor Glover again requested Okaloosa County to take over Hill Ave. maintenance. DISCUSSION: As shown above, this issue has persisted for years without resolution. ill the meantime, the street's condition has worsened. Hill Ave. was initially constructed south of Lovejoy Rd. as a local street to serve the industrial park. The City then extended Hill Ave. to the north to provide further local service. Hill Ave. took on a completely different character in 1988, when the County built Freedom Way (now known as Martin Luther King, Jr. Blvd.) and widened Hill Ave. north of Lovejoy Rd. At that time, Hill Ave. began functioning as a minor alierial road, rather than a local street, carrying much greater volumes of traffic. Hill Ave. traffic was no longer just accessing local properties, it was flowing through that area on a thoroughfare. The City' s 1993 Resolution requesting the County to " consider Hill Avenue as part of the County road system and take over the maintenance of the right- of-way of Hill Avenue from the city limits on the north to Hollywood Boulevard on the south" was in hannony with the State Statutes in effect at that time, which established jurisdiction based on functional classification. Hill Ave. was serving the community as a minor arterial because of its traffic characteristics. As a minor arterial, Hill Avenue was by definition part of the County Road System since it was an urban minor arterial road not in the State Highway System. However, the County Commission deferred their decision on the City' s request until after the State modified its Transportation Code Rules in 1995 ( described in the above timeline), anticipating that other changes might also be made by the State. But, the County did not follow-through with any further response to the City' s 1993 Resolution. Page 2 P:\ PUBLlC WORKS ADMIN\ CC Agenda\ cc.020212.Hill Avenue. doc Since June 11, 1995, the State no longer established jmisdiction based on functional classification. Jurisdictions and responsibilities remained as they were as of June 10, 1995. Later changes were to be made " by mutual agreement ofthe affected governmental entities." Had Okaloosa County acted on Resolution 93- 22 and applied the referenced Florida Statutes, then Hill Ave. would have become part of the County Road System prior to June 10, 1995 and would have stayed on the County Road System following the June 11, 1995 enactment of the aforementioned Section 335. 0415 " Public road jurisdiction and transfer process". RECOMMENDATION: Staff requests City Council's approval of Resolution 02- 9, which requests Okaloosa County to: Acknowledge Hill Avenue as part ofthe County Road System, ITom the city limits on the north to Hollywood Boulevard on the south, and Assume responsibility for this County road and immediately repair and restore it to an operating condition suitable for its " minor arterial" functional classification. Reviewed & Submitted by: zjs/o L Thomas Murray, Public Works Director Date Review and Concurred by: s2Y-Q 2-- f, I O~ 1ZJ,- Reid Silverboard, City Manager Date Page 3 P:\ PUBLlC WORKS ADMIN\ CC Agenda\ cc.020212. Hill Avenue. doc  1 Resolution 02- 9 2 3 A RESOLUTION OF THE CITY OF FORT WALTON BEACH REQUESTING OKALOOSA 4 COUNTY TO ACKNOWLEDGE HILL AVENUE AS PART OF THE COUNTY ROAD 5 SYSTEM AND ASSUME RESPONSIBILITY FOR THIS COUNTY ROAD AND REPAIR IT 6 AND PROVIDING THE EFFECTIVE DATE HEREOF. 7 8 WHEREAS, Hill Avenue is a road within the corporate boundaries of the City of Fort 9 Walton Beach, is functionally classified as " minor arterial", and has served the community as a 10 minor arterial road since 1988 because of its traffic characteristics; and 11 12 WHEREAS, because of the high volume of use of Hill Avenue as a continuation of 13 Martin Luther King, Jr. Blvd., the street will need future repair and improvements; and 14 15 WHEREAS, the City Council previously requested Okaloosa County to " consider Hill 16 Avenue as part of the County road system and take over the maintenance of the right- of-way of 17 Hill Avenue from the city limits on the north to Hollywood Boulevard on the south" by its 18 Resolution 93- 22, adopted on October 12, 1993; and 19 20 WHEREAS, Okaloosa County responded to Resolution 93- 22 on November 4, 1993, 21 informing the City, " Considerations for road transfer will be held until a revised Department of 22 Transportation Code is finalized. We will hold your request for transfer of Hill Avenue into the 23 County system, which request will be given consideration appropriate under the then revised 24 Transportation Code Rules." 25 26 WHEREAS, effective on June 11, 1995, the State enacted their revised Transportation 27 Code Rules by changing the laws for determining public road jurisdiction through the provisions 28 of Florida Statute XXVI " Public Transportation", Chapter 335 " State Highway System", Section 29 335. 0415 " Public road jurisdiction and transfer process." That section established, " The 30 of jurisdiction public roads and the responsibility for operation and maintenance within the right- 31 of-way of any road within the state, county, and municipal road system shall be that which 32 existed on June 10, 1995." 33 34 WHEREAS, Okaloosa County took no further action on Resolution 93- 22 following the 35 State' s revision of the Transportation Code. 36 37 WHEREAS, according to 1993 Florida Statute ( in effect at the time of Resolution 93- 22) 38 XXVI " Public Transportation", Chapter 336 " County Road System", Section 336. 01 39 " Designation of county road system", the " County road system shall be as defined in Section 40 334. 03( 8)"; and 41 42 WHEREAS, according to 1993 Florida Statute ( in effect at the time of Resolution 93- 22) 43 XXVI " Public Transportation", Chapter 334 " Transportation Administration", Section 334. 03( 8) 44 " County Road System", Hill Avenue was by definition part of the County road system since it 45 was an urban minor arterial road not in the State Highway System; and 6 17 WHEREAS, the two Florida Statutes addressed above, Section 336. 01 and Section 8 334. 03( 8), were still in effect as of June 10, 1995; and 49 50 WHEREAS, had Okaloosa County acted on Resolution 93- 22 and applied the referenced 51 Florida Statutes, then Hill Ave. would have become part of the County Road System prior to 52 June 10, 1995 and would have stayed on the County Road System following the June 11, 1995 53 enactment of the aforementioned Section 335. 0415 " Public road jurisdiction and transfer 54 process". 55 56 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 57 FORT WALTON BEACH, FLORIDA: 58 59 SECTION I. That the City of Fort Walton Beach requests Okaloosa County to 60 acknowledge Hill Avenue as part of the County Road System, from the city limits on the north to 61 Hollywood Boulevard on the south. 62 63 SECTION II. That the City of Fort Walton Beach requests Okaloosa County to assume 64 responsibility for this County road and immediately repair and restore it to an operating 65 condition suitable for its " minor arterial" functional classification. 66 67 SECTION III. This resolution shall take effect immediately upon approval by Council 68 and signature of the Mayor. 69 10 ADOPTED: 71 72 73 MAYOR: 74 75 76 ATTEST: 77 78 79 80 CITY CLERK 81 82 The form and legal sufficiency 83 of the foregoing has been reviewed 84 and approved by the City Attorney. 85 86 87 88 City Attorney 89  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM TO: Reid Silverboard, City Manager FROM: Helen