Staff will provide general safety instruction.
Approval of Minutes of the November 21, 2013, meeting of the Texas Transportation Commission
Item 3 - Grand Parkway Association Report
Report Grand Parkway Association Report - Annual report on the status of projects and activities undertaken during the preceding 12 months The department's administrative rules require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Association is making its annual presentation to satisfy this requirement.
Item 4 - Transportation Planning
Transportation Planning a. Discussion - Development of Supplemental Program Authority (Presentation) Presentation and discussion on the on-going work to develop supplemental program authority for projects and its relationship to the Unified Transportation Program. b. Approve updates to the 2014 Unified Transportation Program (MO) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The commission approved the 2014 UTP in August 2013. This minute order updates funding allocations based on funds transfer requests, including applied carry-over amounts from fiscal year 2013. It also addresses the reconciliation of category 5 (Congestion Mitigation and Air Quality Improvement) and category 7 (Metropolitan Mobility and Rehabilitation), and revised federal funding levels in fiscal year 2014. In addition, this minute order updates project specific program lists, and includes other minor revisions or technical corrections.
Item 5 - Aviation Various Counties
Aviation Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
Item 6 - Public Transportation
Public Transportation a. Various Counties - Award state funds to public transportation providers as appropriated by the 83rd Texas Legislature (MO) Award state funding to transit agencies to address impacts of the 2010 Census beyond the formula-based awards previously awarded by the Texas Transportation Commission in June 2013. b. Various Counties - Award federal §5311(b)(3), Rural Transportation Assistance Program funds to Texoma Area Paratransit System, Inc. (MO) The award identified in this minute order provides assistance to the Texoma Area Paratransit System, Inc., acting as the lead agency for a multi?regional effort to research, capture, and produce a video series that conveys information
Item 7 - Promulgation of Administrative Rules
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 28 - Maintenance (MO) New §§28.100-28.107 (Hidalgo County Regional Mobility Authority) These new sections provide the authority for the Hidalgo County Regional Mobility Authority (authority) to issue permits for the operation of oversize and overweight vehicles on specific roads within Hidalgo County. The sections also establish the guidelines for the agreement between the authority and the department and the requirements the authority must follow to issue the permits. b. Proposed Adoption (1) Chapter 5 - Finance (MO) Amendments to §5.11, Charges for Dishonored Checks (Collection of Debts) and §5.43, Methods of Payment and Repeal of §5.44, Exceptions (Payment of Fees for Department Goods and Services) These amendments provide rule changes related to charges for dishonored checks and to credit card acceptance limits and fees. They provide clarity to policy and remove barriers associated to the public using credit card as a payment method. Agency fiscal impact is minimal. (2) Chapter 12 - Public Donation and Participation Program (MO) Amendments to§12.5, Landscape Cost Sharing Program, and §12.7, Landscape Partnership Program (Public Participation Programs) These amendments update existing rules to allow individuals to participate as a type of eligible entity in the Landscape Cost Sharing Program and the Landscape Partnership Program in order to comply with House Bill 3422 from the 83rd Legislature. These amendments also standardize sign requirements through compliance with the Texas Manual on Uniform Traffic Control Devices. (3) Chapter 21 - Right of Way (MO) Amendments to §21.23, State Participation in Toll-Related Relocations (Reimbursement of Utilities for Relocation of Utility Facilities) House Bill 2585, 83rd Legislature, amended Sections 203.092(a-1), (a-2), and (a-3), Transportation Code, that deal with shared responsibility for the cost of relocating utility facilities on toll projects, to remove the September 1, 2013, expiration dates and make those provisions permanent. This amendment conforms the rule to changes in the statute. (4) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) Amendments to §§28.20-28.22 (Port of Brownsville Permits) These amendments alter the overweight corridor route used by the Port of Brownsville for the issuance of overweight permits as authorized by House Bill 3125 of the 83 Legislative Session. This change will allow the Port of Brownsville to accommodate the permitting needs of additional businesses that are located in the port area.
Item 8 - Office of Compliance and Ethics
Office of Compliance and Ethics Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The compliance office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations.
Item 9 - Design-Build Agreements Various Counties
Design-Build Agreements a. Various Counties - Approve the selection of the developer who submitted the Best value proposal to design and construct the Energy Sector Roadway Repair Project, comprised of improvements to identified roadways in the Corpus Christi, Yoakum, Laredo, and San Antonio Districts of the department, authorize the executive director of the department to execute a Design-Build Contract with the selected proposer, and discuss the remaining House Bill 1025 funded projects (MO) (Presentation) On September 27, 2013, the department issued a request for proposals to design and construct the Energy Sector Roadway Repair Project. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission and providing an update on the remaining HB 1025 funded projects. b. Various Counties - Approval to exceed the contract term restrictions in 43 TAC §9.32(b)(1) for the procurement under indefinite deliverable contracts of general engineering consultant services, right-of-way acquisition services, and right-of-way lease procurement services for projects developed under comprehensive development agreements, design-build agreements, or other innovatively funded or developed methods (MO) The expeditious delivery of CDA, Design/Build, and other innovatively delivered projects will require the assistance and support of various consulting engineering contracts. This minute order authorizes the procurement of indefinite deliverable consultant contracts that will deliver and implement these projects. c. Various Counties - Consider the approval of the department’s determination to exercise its option to develop, finance, and construct the SH 360 Project in Ellis, Tarrant and Johnson Counties, from just south of I-20 to US 287, and authorize the department to negotiate a final project agreement with the North Texas Tollway Authority (NTTA), and a financial backstop agreement with the NTTA and the North Central Texas Council of Governments (NCTCOG), based on the term sheet for the development, financing, construction, operation and maintenance of the SH 360 Project approved by the NTTA Board of Directors (MO) The department has negotiated a term sheet with NTTA and NCTCOG describing the basic terms upon which the agencies will partner to develop the SH 360 project. The NTTA Board of Directors is scheduled to approve the term sheet at its December 18, 2013 meeting. The final project agreement and financial backstop agreement will be subject to commission approval.
Item 10 - SH 99 (Grand Parkway) Toll Project Various Counties
SH 99 (Grand Parkway) Toll Project Various Counties - Consider authorizing the executive director to enter into an amendment to the toll equity loan agreement (TELA) for the Grand Parkway toll project between the department and the Grand Parkway Transportation Corporation (GPTC), dated July 17, 2013, to modify the maximum amount permitted to be made available to GPTC each year during the term of the TELA (MO) The department has entered into a toll equity loan agreement with the GPTC for the Grand Parkway toll project. The loan is limited to payment of mutually-approved projected facility costs, including the costs of design, construction, operation, and maintenance of the project. The amounts that can be borrowed each year may not exceed a maximum permitted amount defined in the loan agreement, not to exceed 100% of the projected toll revenue stream for that period in the mutually-approved investment grade traffic and revenue study. The borrowed funds may be used by GPTC for debt service payments and for certain budgeted operations and maintenance expenses and budgeted capital expenditures if toll revenue, money in certain reserve funds and accounts, and other revenue derived from the project are insufficient to make those payments. The expected issuance of refunding bonds by GPTC will require an adjustment in the maximum permitted amount that can be borrowed each year by GPTC. The amendment to the TELA will not change the total amount of the toll equity loan commitment under the TELA.
Contracts Award or reject contracts for maintenance, highway and building construction These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. (a) Highway Maintenance and Department Building Construction (see attached itemized list) (MO) (b) Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 12 - Eminent Domain Proceedings Various Counties
Eminent Domain Proceedings Various Counties - Authorize the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached list) (MO) Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.
Item 13 - Routine Minute Orders
a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner's land (See attached itemized list) (MO) The donations will ensure the safety of the traveling public. b. Right of Way Dispositions and Donations The commission must approve the sales, transfers and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Brazos County - Southbound BS-6R at FM 60 in College Station - Consider the acceptance of a donation of land for a highway improvement project. (MO) The property being donated to the department is necessary for construction of a right turn lane on BS-6R and FM 60. The property being donated is in lieu of payment for the acquisition and is valued at more than $500. (2) Collin County - FM 543 in McKinney - Consider a removal from the system, re-designation, and transfer of right of way The district has advised that a segment of FM 543 now functions as a city street. The district recommends that it be removed from the system and the surplus right of way be transferred to the city in consideration of the cost of future maintenance. The city has agreed to assume control, jurisdiction, and maintenance. The remaining segment of FM 543 will be re-designated as State Spur 195. (3) Galveston County - I-45 from 0.452 miles south of FM 518 to north of FM 517 - Consider the acceptance of a donation of land for a highway improvement project. (MO) The property being donated to the department is necessary for construction of a ramp reversal on I-45. The property being donated is in lieu of payment for the acquisition and is valued at more than $500. c. Reports (1) Travis and Williamson Counties - Accept the Report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) Report of actual traffic and revenue for the CTTS as of November 30, 2013, as required by the CTTS Indenture of Trust. (2) Report on Environmental Review of Projects A report on projects processed under the procedures of Transportation Code, Chapter 201, Subchapter I-1, Environmental Review Process, enacted by the 82nd Texas Legislature. This report is required by Transportation Code §201.762(a). d. Highway Designation Fort Bend County - Between the cities of Beasley and Needville, extend the designation of FM 360 from US 59 northwestward to State Loop 540 (MO) This minute order extends the designation of FM 360 from its intersection at US 59 northwestward to SL 540, a distance of approximately 0.1 mile. e. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Open Comment Period & Adjournment
At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
Staff will provide general safety instruction.
Approval of Minutes of the November 21, 2013, meeting of the Texas Transportation Commission
Item 3 - Grand Parkway Association Report
Report Grand Parkway Association Report - Annual report on the status of projects and activities undertaken during the preceding 12 months The department's administrative rules require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Association is making its annual presentation to satisfy this requirement.
Item 4 - Transportation Planning
Transportation Planning a. Discussion - Development of Supplemental Program Authority (Presentation) Presentation and discussion on the on-going work to develop supplemental program authority for projects and its relationship to the Unified Transportation Program. b. Approve updates to the 2014 Unified Transportation Program (MO) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The commission approved the 2014 UTP in August 2013. This minute order updates funding allocations based on funds transfer requests, including applied carry-over amounts from fiscal year 2013. It also addresses the reconciliation of category 5 (Congestion Mitigation and Air Quality Improvement) and category 7 (Metropolitan Mobility and Rehabilitation), and revised federal funding levels in fiscal year 2014. In addition, this minute order updates project specific program lists, and includes other minor revisions or technical corrections.
Item 5 - Aviation Various Counties
Aviation Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
Item 6 - Public Transportation
Public Transportation a. Various Counties - Award state funds to public transportation providers as appropriated by the 83rd Texas Legislature (MO) Award state funding to transit agencies to address impacts of the 2010 Census beyond the formula-based awards previously awarded by the Texas Transportation Commission in June 2013. b. Various Counties - Award federal §5311(b)(3), Rural Transportation Assistance Program funds to Texoma Area Paratransit System, Inc. (MO) The award identified in this minute order provides assistance to the Texoma Area Paratransit System, Inc., acting as the lead agency for a multi?regional effort to research, capture, and produce a video series that conveys information
Item 7 - Promulgation of Administrative Rules
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 28 - Maintenance (MO) New §§28.100-28.107 (Hidalgo County Regional Mobility Authority) These new sections provide the authority for the Hidalgo County Regional Mobility Authority (authority) to issue permits for the operation of oversize and overweight vehicles on specific roads within Hidalgo County. The sections also establish the guidelines for the agreement between the authority and the department and the requirements the authority must follow to issue the permits. b. Proposed Adoption (1) Chapter 5 - Finance (MO) Amendments to §5.11, Charges for Dishonored Checks (Collection of Debts) and §5.43, Methods of Payment and Repeal of §5.44, Exceptions (Payment of Fees for Department Goods and Services) These amendments provide rule changes related to charges for dishonored checks and to credit card acceptance limits and fees. They provide clarity to policy and remove barriers associated to the public using credit card as a payment method. Agency fiscal impact is minimal. (2) Chapter 12 - Public Donation and Participation Program (MO) Amendments to§12.5, Landscape Cost Sharing Program, and §12.7, Landscape Partnership Program (Public Participation Programs) These amendments update existing rules to allow individuals to participate as a type of eligible entity in the Landscape Cost Sharing Program and the Landscape Partnership Program in order to comply with House Bill 3422 from the 83rd Legislature. These amendments also standardize sign requirements through compliance with the Texas Manual on Uniform Traffic Control Devices. (3) Chapter 21 - Right of Way (MO) Amendments to §21.23, State Participation in Toll-Related Relocations (Reimbursement of Utilities for Relocation of Utility Facilities) House Bill 2585, 83rd Legislature, amended Sections 203.092(a-1), (a-2), and (a-3), Transportation Code, that deal with shared responsibility for the cost of relocating utility facilities on toll projects, to remove the September 1, 2013, expiration dates and make those provisions permanent. This amendment conforms the rule to changes in the statute. (4) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) Amendments to §§28.20-28.22 (Port of Brownsville Permits) These amendments alter the overweight corridor route used by the Port of Brownsville for the issuance of overweight permits as authorized by House Bill 3125 of the 83 Legislative Session. This change will allow the Port of Brownsville to accommodate the permitting needs of additional businesses that are located in the port area.
Item 8 - Office of Compliance and Ethics
Office of Compliance and Ethics Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The compliance office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations.
Item 9 - Design-Build Agreements Various Counties
Design-Build Agreements a. Various Counties - Approve the selection of the developer who submitted the Best value proposal to design and construct the Energy Sector Roadway Repair Project, comprised of improvements to identified roadways in the Corpus Christi, Yoakum, Laredo, and San Antonio Districts of the department, authorize the executive director of the department to execute a Design-Build Contract with the selected proposer, and discuss the remaining House Bill 1025 funded projects (MO) (Presentation) On September 27, 2013, the department issued a request for proposals to design and construct the Energy Sector Roadway Repair Project. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission and providing an update on the remaining HB 1025 funded projects. b. Various Counties - Approval to exceed the contract term restrictions in 43 TAC §9.32(b)(1) for the procurement under indefinite deliverable contracts of general engineering consultant services, right-of-way acquisition services, and right-of-way lease procurement services for projects developed under comprehensive development agreements, design-build agreements, or other innovatively funded or developed methods (MO) The expeditious delivery of CDA, Design/Build, and other innovatively delivered projects will require the assistance and support of various consulting engineering contracts. This minute order authorizes the procurement of indefinite deliverable consultant contracts that will deliver and implement these projects. c. Various Counties - Consider the approval of the department’s determination to exercise its option to develop, finance, and construct the SH 360 Project in Ellis, Tarrant and Johnson Counties, from just south of I-20 to US 287, and authorize the department to negotiate a final project agreement with the North Texas Tollway Authority (NTTA), and a financial backstop agreement with the NTTA and the North Central Texas Council of Governments (NCTCOG), based on the term sheet for the development, financing, construction, operation and maintenance of the SH 360 Project approved by the NTTA Board of Directors (MO) The department has negotiated a term sheet with NTTA and NCTCOG describing the basic terms upon which the agencies will partner to develop the SH 360 project. The NTTA Board of Directors is scheduled to approve the term sheet at its December 18, 2013 meeting. The final project agreement and financial backstop agreement will be subject to commission approval.
Item 10 - SH 99 (Grand Parkway) Toll Project Various Counties
SH 99 (Grand Parkway) Toll Project Various Counties - Consider authorizing the executive director to enter into an amendment to the toll equity loan agreement (TELA) for the Grand Parkway toll project between the department and the Grand Parkway Transportation Corporation (GPTC), dated July 17, 2013, to modify the maximum amount permitted to be made available to GPTC each year during the term of the TELA (MO) The department has entered into a toll equity loan agreement with the GPTC for the Grand Parkway toll project. The loan is limited to payment of mutually-approved projected facility costs, including the costs of design, construction, operation, and maintenance of the project. The amounts that can be borrowed each year may not exceed a maximum permitted amount defined in the loan agreement, not to exceed 100% of the projected toll revenue stream for that period in the mutually-approved investment grade traffic and revenue study. The borrowed funds may be used by GPTC for debt service payments and for certain budgeted operations and maintenance expenses and budgeted capital expenditures if toll revenue, money in certain reserve funds and accounts, and other revenue derived from the project are insufficient to make those payments. The expected issuance of refunding bonds by GPTC will require an adjustment in the maximum permitted amount that can be borrowed each year by GPTC. The amendment to the TELA will not change the total amount of the toll equity loan commitment under the TELA.
Contracts Award or reject contracts for maintenance, highway and building construction These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. (a) Highway Maintenance and Department Building Construction (see attached itemized list) (MO) (b) Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 12 - Eminent Domain Proceedings Various Counties
Eminent Domain Proceedings Various Counties - Authorize the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached list) (MO) Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.
Item 13 - Routine Minute Orders
a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner's land (See attached itemized list) (MO) The donations will ensure the safety of the traveling public. b. Right of Way Dispositions and Donations The commission must approve the sales, transfers and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Brazos County - Southbound BS-6R at FM 60 in College Station - Consider the acceptance of a donation of land for a highway improvement project. (MO) The property being donated to the department is necessary for construction of a right turn lane on BS-6R and FM 60. The property being donated is in lieu of payment for the acquisition and is valued at more than $500. (2) Collin County - FM 543 in McKinney - Consider a removal from the system, re-designation, and transfer of right of way The district has advised that a segment of FM 543 now functions as a city street. The district recommends that it be removed from the system and the surplus right of way be transferred to the city in consideration of the cost of future maintenance. The city has agreed to assume control, jurisdiction, and maintenance. The remaining segment of FM 543 will be re-designated as State Spur 195. (3) Galveston County - I-45 from 0.452 miles south of FM 518 to north of FM 517 - Consider the acceptance of a donation of land for a highway improvement project. (MO) The property being donated to the department is necessary for construction of a ramp reversal on I-45. The property being donated is in lieu of payment for the acquisition and is valued at more than $500. c. Reports (1) Travis and Williamson Counties - Accept the Report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) Report of actual traffic and revenue for the CTTS as of November 30, 2013, as required by the CTTS Indenture of Trust. (2) Report on Environmental Review of Projects A report on projects processed under the procedures of Transportation Code, Chapter 201, Subchapter I-1, Environmental Review Process, enacted by the 82nd Texas Legislature. This report is required by Transportation Code §201.762(a). d. Highway Designation Fort Bend County - Between the cities of Beasley and Needville, extend the designation of FM 360 from US 59 northwestward to State Loop 540 (MO) This minute order extends the designation of FM 360 from its intersection at US 59 northwestward to SL 540, a distance of approximately 0.1 mile. e. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Open Comment Period & Adjournment
At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN