Bryan voters who head to the polls on the Texas Avenue medians next month now have their city's own legal advice in hand. The Bryan City Council voted Tuesday night to waive attorney-client privilege and release an outside lawyer's opinion on the citizen-initiated charter amendment, which asks for the raised medians to come out.
The memo's bottom line, as summarized by the city: the petition was valid and the Nov. 3 election had to be called, but whatever the result, Bryan probably lacks the authority to change or remove the medians on its own.
Texas Avenue is a state highway controlled by the Texas Department of Transportation, and the opinion says the city "would probably violate" the Texas Transportation Code if it altered the medians without TxDOT's written consent or an agreement handing control of them to the city.
If the amendment passes, the memo says, it is unclear the city could legally carry it out, and a lawsuit or an opinion from the Texas attorney general may be needed to sort out the conflict with state law.
Cost and next steps
The city puts the cost of removing the medians at about $8 million. In its announcement, Bryan said it would have to find a funding source if the project moved forward, which could limit spending on other capital projects. The city said removal would not happen overnight and could involve legal review, talks with TxDOT, engineering and design, funding decisions and construction bidding.
The council received the memo during a Tuesday, Oct. 13 executive session, then voted in public to share it. Nicole Lamb of the city's strategic communications office told KBTX the release was about letting residents "read it for yourself."
Two sides of the corridor
City officials say traffic data supports raised medians as a safety measure that can cut crashes, while acknowledging that they have changed residents' routes and access to homes and businesses.
