Bryan City Council reviewed and released legal advice from an independent legal contractor during its Oct. 13 meeting, regarding the legality of removing Texas Department of Transportation medians ahead of the vote on the amendment to remove them this November.
At a glance
The proposed measure would remove medians from Rosemary Drive to Texas Avenue and roughly 600 feet south of Hwy. 21. TxDOT installed the medians in 2021 to improve driver safety and reduce congestion.
As previously reported by Community Impact, Bryan residents petitioned in August to remove the TxDOT-installed medians. The petition received almost 2,500 valid signatures, which allowed it to qualify.
Zooming in
According to a news release, Bryan City Council consulted an external legal contractor regarding the legality of the removal and whether the city had authority to remove them. Alan Bojorquez of the Bojorquez Law Firm said in the release that the city likely lacks that authority.
“The City would probably violate the Texas Transportation Code if it attempted to remove or alter the medians on Texas Avenue without the Texas Department of Transportation’s (“TxDOT”) written consent or an agreement delegating control over the medians to the City,” Bojorquez said.
Bojorquez continued with the hypothetical passage of the amendment in November and said many further legal steps would be needed to make removing the medians a reality.
“Should the amendment pass, for the City to satisfy the amendment, TxDOT would need to be persuaded to agree to convey authority to the City via an agreement,” Bojorquez said. “If the amendment passes, the City may be put in the position of seeking guidance from either a court or the Attorney General.”
What the council is saying
During the meeting, Bryan Mayor Bobby Gutierrez said he wanted city residents to know what the council is dealing with and to understand the ramifications of what could happen if the amendment is passed. Council member Marca Ewers-Shurtleff also said voters have the right to know the legal opinions on what they will be voting on.
“We as a council would like to consider informing the citizens of the position that the city might be in legally as we move forward with this important matter,” Ewers-Shurtleff said.
Stay tuned
The median removal vote is scheduled for the ballot during the upcoming November election. The city said the medians are improving safety and has data to support the claim, but is sympathetic to those whose routes to work and other obligations have been negatively impacted. The city has also been in contact with officials at TxDOT about the continued steps if the amendment passes.
