Safety Briefing Staff will provide general safety instruction.
Special recognition of the service
Approval of Minutes of the December 19, 2013, regular meeting and the January 7, 2014, special meeting of the Texas Transportation Commission
Special recognition of Ted Houghton's ten years of service
Discussion a. Report on potential improvements to TxDOT’s Ferry operations (Presentation) A brief presentation of potential improvements to reduce wait times at TxDOT’s Ferry operations identified through a recent study of the Port Aransas Ferry Operations b. Update on Municipal Highways Turnback Program (Presentation)
Appointments a. Lone Star Rail District Appoint a public member to the board of directors of the Lone Star Rail District (MO) The Lone Star Rail District is governed by a board of directors, which is responsible for the management, operations, and control of the district. State law provides that the commission shall appoint two public members to the board of directors. This minute order approves the appointment of a public member to the board for a two-year term beginning February 2014. b. Private Activity Bond Surface Transportation Corporation Appoint director to the Texas Private Activity Bond Surface Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in October of 2008. After that initial appointment, vacancies on the board have required subsequent appointments. There is now a vacancy on the board. c. Grand Parkway Transportation Corporation Appoint director to the Grand Parkway Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in March 2012 for initial terms expiring August 31, 2015. After that initial appointment, vacancies on the board have required subsequent appointments. There is now a vacancy on the board.
Item 5 - Commission for High-Speed Rail in the Dallas/Fort Worth Region
Authorize the creation of a Commission for High-Speed Rail in the DFW Region, and appoint the presiding officer of the commission (MO) The transportation commission will consider the creation of a Commission for High-Speed Rail in the Dallas/Fort Worth Region. It will be an advisory committee created under Transportation Code §201.117 which will advise the transportation commission and executive director on the development of intercity rail corridors, new transportation policies, and funding and procurement strategies as they relate to the implementation of proposed high-speed rail connecting the Dallas and Fort Worth areas. It will also provide advice on the ongoing preparation of environmental impact statements for high-speed rail from Fort Worth to Dallas, and Dallas to Houston. The transportation commission will also consider the appointment of the presiding officer for the new entity.
Item 6 - County Transportation Infrastructure Fund Grant Program
Authorize an extension of the period of time for counties to submit applications requesting grants under the County Transportation Infrastructure Fund Grant Program for funding transportation infrastructure projects located in areas of the state affected by increased oil and gas production (MO) The department is required by Senate Bill 1747, 83rd Legislature, Regular Session, 2013, to administer a grant program from a transportation infrastructure fund established by the Legislature to provide funding for transportation infrastructure projects located in areas of the state affected by increased oil and gas production. On November 21, 2013, the commission by Minute Order 113773 designated the period between February 7, 2014 and February 14, 2014 as the deadline for submission of county grant applications. This minute order will authorize an extension of that deadline to allow each county more time to satisfy the statute’s eligibility requirements.
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 8 - Promulgation of Administrative Rules
Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 1 - Management; Chapter 3 - Public Information; and Chapter 10 Ethical Conduct of Entities doing Business with the Department (MO) Amendments to §1.2, (Texas Department of Transportation); §§3.11-3.13 (Access to Official Records) and §3.26 (Complaint Resolution); and §10.6 (General Provisions) This change eliminates the regions as part of the department organization. The remaining regional functions need to be centralized as a result of the Sunset review and internal feedback. This change will improve and expand business service, create more effective and efficient business models, and will allow the department to become a more streamlined, collaborative, and responsive organization. (2) Chapter 1 - Management (MO) Amendments to §1.503 (Donations) These changes streamline the donation process to allow acceptance of a donation by the executive director followed by an acknowledgment of the donation by the commission in an open meeting. This will allow the department to utilize the donation in a more efficient manner. These changes comply with Government Code §575.003 regarding the acceptance of gifts by state agencies. (3) Chapter 12 - Public Donation and Participation Program (MO) Amendments to §§12.351-12.355 (Acknowledgment Program) Changes to the acknowledgement program rules will allow greater flexibility in contracting with a vendor to oversee the program. The proposed changes allow a selected vendor to install acknowledgement signs and removes language that limited the acknowledgement to signs. The changes also clarify the donation process to comply with Chapter 575, Government Code. (4) Chapter 27 - Toll Projects (MO) Amendments to §27.2, §27.4, and §27.10 (Comprehensive Development Agreements); Amendments to §27.11 and Repeal of §27.14 (Transfer of Department Toll Projects and Conversion of Non-Toll State Highways) These amendments update and streamline the rules to implement SB 1029 and SB 1730 from the 83rd Legislature. b. Proposed Adoption (1) Chapter 15 - Financing and Construction of Transportation Projects (MO) Amendments to §15.51 and §15.55 (Federal, State, and Local Participation) The proposed amendments to §15.51 and §15.55 add Hurricane Evacuation Route as a category for which contribution percentages are specified. This addition provides the department greater flexibility in expanding hurricane evacuation routes through a county, city, or other political subdivision where the local government is not willing or able to contribute funding. (2) Chapter 21 - Right of Way (MO) Amendments to §21.142, §21.149, §21.152, §21.159, §§21.163-21.165, §21.167, §§21.172-21.176, §21.179, §21.180, §21.182, §§21.190-21.192, §21.251, §21.253, and §21.255 (Regulation of Signs Along Interstate and Primary Highways); and §21.402, §21.409, §§21.412-21.414, §21.416, §21.417, §§21.421-21.425, §21.428, §21.433, §21.434, §21.435, §21.449, and §21.457 (Control of Signs Along Rural Roads) These amendments make changes to refine some definitions, clarify the application process, comply with Senate Bill 162 from the 83rd Legislature, and add flexibility to the department’s corrective measures. The amendments also update the specifications for electronic signs and provide for continuity between primary and interstate signs and rural road signs.
Item 9 - 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 10 - Design-Build Contracts
Travis County - Authorize the department to issue a request for proposals for the development, design, and construction of the SH 71 Toll Lanes Project in Travis County, providing for the addition of toll lanes from Presidential Boulevard to just east of SH 130, along with the realignment of FM 973 from just south of the Colorado River to a point approximately 0.5 miles south of the current SH 71/FM 973 intersection; and approve a stipulated amount as payment for the work product of unsuccessful proposers (MO) On October 31, 2013, in Minute Order 113740, the commission authorized the department to issue a request for qualifications for the project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves a stipulated amount for the payment for work product of responsive, unsuccessful proposers.
Item 11 - Toll Equity Loan Agreement
Various Counties – SH 99 (Grand Parkway) Toll Project – Authorize any deputy executive director of the department to execute amendments to the toll equity loan agreement (TELA) for the Grand Parkway toll project between the department and the Grand Parkway Transportation Corporation (GPTC) (MO) Pursuant to Minute Order 113803, dated December 19, 2013, the commission authorized the executive director to enter into an amendment modifying the maximum amount permitted to be borrowed under the TELA each year by GPTC. The executive director was authorized by minute order 113803 to enter into the TELA amendment on behalf of the department. The interim executive director of the department also serves as president of GPTC and will be entering into the TELA amendment on behalf of GPTC; therefore, other department representatives need to be authorized to enter into TELA amendments on behalf of the department.
a. State Highway Fund Revenue Bonds Approve an amended and restated Sixth Supplemental Resolution authorizing the issuance of new money and refunding obligations of the State Highway Fund in one or more series; approve documents relating to the issuance of such obligations and the refunding of certain outstanding State Highway Fund revenue bonds, including official statements, bond purchase contracts, and escrow agreements; designate certain department officials to take all action necessary to deliver the obligations; and approve an application to the Texas Bond Review Board for authority to issue such obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of State Highway Fund revenue obligations in one or more series for new money and refunding purposes, as authorized under Transportation Code, Section 222.003, and Government Code, Chapter 1207 and 1371. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of outstanding variable rate bonds, or both. b. Texas Mobility Fund Obligations Approve an amended and restated Ninth Supplemental Resolution authorizing the issuance of new money and refunding obligations of the Texas Mobility Fund in one or more series; approve documents relating to the issuance of such obligations and the refunding of certain outstanding Texas Mobility Fund revenue bonds, including official statements, purchase contracts, and escrow agreements; designate certain department officials to take all action necessary to deliver the bonds; and approve an application to the Texas Bond Review Board, if necessary, for authority to issue such obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of Texas Mobility Fund obligations in one or more series for new money and refunding purposes, as authorized under Article III, Section 49-k of the Texas Constitution, Chapter 201 Subchapter M, of the Texas Transportation Code and Chapters 1207 and 1371 of the Texas Government Code. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both. c. Texas Highway Improvement General Obligation Bonds Approve a resolution authorizing the issuance of the unissued remainder of the $5 billion in highway improvement general obligation (HIGO) bonds authorized by the constitutional provision and enabled under Transportation Code, §222.004; approve the preliminary official statement and other documents relating to the issuance of the bonds; authorize designated department officials to take all actions necessary to deliver one or more series of bonds; and approve an application to the Bond Review Board, if necessary, for authority to issue additional bonds (MO) This action authorizes the chief financial officer and other designated department officials to move forward with the issuance of general obligation bonds authorized by the Legislature to provide additional funding for highway improvement projects. The department will request approval from the Bond Review Board to issue additional HIGO bonds. d. Central Texas Turnpike System Revenue Bonds Approve the Seventh Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue Refunding Bonds to refund all or any portion of the outstanding bonds; approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds; authorize the chief financial officer and other designated department representatives to take all actions necessary to effectuate any refunding and deliver one or more series of CTTS Revenue Refunding Bonds; and approve an application to the Texas Bond Review Board, if necessary, for approval or approval to issue such refunding bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of CTTS Revenue Refunding Bonds to refund all or any portion of outstanding bonds, approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both.
El Paso County – Camino Real Regional Mobility Authority - Consider granting approval of a request from Camino Real Regional Mobility Authority (CRRMA) for a grant for capital costs relating to the delivery of the Loop 375 Border Highway West Extension project from Racetrack Drive near Doniphan Road and New Mexico 273 (west of downtown) to US 54 (east of downtown) in the city of El Paso (project) with funding from the proceeds of Texas Mobility Fund general obligation bonds issued under Transportation Code, Chapter 201, Subchapter M; authorize the executive director or his designee to enter into a memorandum of understanding (MOU) providing the terms and conditions on which the CRRMA will use the proceeds of the grant in furtherance of the delivery of the project and setting forth the contributions, roles and responsibilities of the CRRMA and the department in the development, design, construction, funding, operation and maintenance of the project; and authorize the executive director or his designee to enter into other agreements and execute documents as necessary to carry out the purposes of this minute order (MO) This minute order will provide funds for an award to the CRRMA for costs of design and construction work and other capital costs related to the delivery of the Border Highway West Extension project and authorizes the department to enter into an MOU and related agreements setting forth the contributions, roles and responsibilities of the parties in the development, design, construction, funding, operation and maintenance of the project.
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 15 - 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 16 - 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) Denton County - I-35 between North Texas Boulevard and Bonnie Brae Street - 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 pedestrian bridge over I-35. The property being donated is in lieu of payment for the acquisition and is valued at more than $500. (2) Haskell County - US 277, former railroad right of way in Weinert - Consider the sale of surplus land to the abutting landowners (2 MOs) The district has determined that the surplus land is no longer needed for highway purposes. The abutting landowners have requested to purchase the surplus land, and it may be sold to the abutting landowners. Finance (1) Obligation Limit Report (Report) Quarterly status report on the FY 2014 Obligation Limit, the actual obligations utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2014 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2014 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (3) Travis and Williamson Counties - Accept the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the CTTS, a toll project comprised of the SH 130, Segments1-4, SH 45N, SH 45 SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2013. (4) Accept the audited financial statements of the Texas Mobility Fund (TMF) as required by the governing master resolution (MO) The Master Resolution governing the issuance of TMF bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2013. (5) Accept the Quarterly Investment Report (MO) This minute order accepts the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee. d. Transportation Planning (1) Various Counties - Approve revisions to the Wichita Falls Metropolitan Planning Organization metropolitan planning area boundary (MO) Federal law requires that a metropolitan planning area boundary cover the existing urbanized area and the contiguous geographic area expected to become urbanized within a 20-year forecast period covered by the MPO’s metropolitan transportation plan. The boundary may be expanded to encompass the entire metropolitan statistical area. Revisions to metropolitan planning area boundaries must be approved by the governor who has delegated the authority to approve such changes to the Texas Transportation Commission. Archer County and the Wichita Falls MPO Policy Board have agreed to include a portion of Archer County in the Wichita Falls metropolitan planning area. (2) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. (3) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 161 toll project from I-20 to SH 183 in Dallas County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. (4) Various Counties - Approve the Fiscal Year 2013 Annual Report on the Economically Disadvantaged Counties Program (MO) This report documents the use of matching funds and local incentives as well as the savings to counties participating in the Economically Disadvantaged Counties Program. State law requires the commission to provide an annual report on the program to the governor, the lieutenant governor and the speaker of the House of Representatives. e. Designation of Access Control (1) Baylor County - US 277, east of Main Street - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 45-foot break in the control-of-access line will allow the abutting landowner to open proposed driveway locations for access to and from the westbound frontage road. The district has determined that access may be permitted at the designated locations. (2) Brazoria County - SH 288, approximately 1450 feet north of the Memorial Hermann Drive - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 50-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the southbound frontage road. The district has determined that access may be permitted at the designated locations. f. 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.
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda b. Section 551.074 - Deliberate on the search for a new executive director
Open Comment Period & Adjournment
No action taken, 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
Safety Briefing Staff will provide general safety instruction.
Special recognition of the service
Approval of Minutes of the December 19, 2013, regular meeting and the January 7, 2014, special meeting of the Texas Transportation Commission
Special recognition of Ted Houghton's ten years of service
Discussion a. Report on potential improvements to TxDOT’s Ferry operations (Presentation) A brief presentation of potential improvements to reduce wait times at TxDOT’s Ferry operations identified through a recent study of the Port Aransas Ferry Operations b. Update on Municipal Highways Turnback Program (Presentation)
Appointments a. Lone Star Rail District Appoint a public member to the board of directors of the Lone Star Rail District (MO) The Lone Star Rail District is governed by a board of directors, which is responsible for the management, operations, and control of the district. State law provides that the commission shall appoint two public members to the board of directors. This minute order approves the appointment of a public member to the board for a two-year term beginning February 2014. b. Private Activity Bond Surface Transportation Corporation Appoint director to the Texas Private Activity Bond Surface Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in October of 2008. After that initial appointment, vacancies on the board have required subsequent appointments. There is now a vacancy on the board. c. Grand Parkway Transportation Corporation Appoint director to the Grand Parkway Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in March 2012 for initial terms expiring August 31, 2015. After that initial appointment, vacancies on the board have required subsequent appointments. There is now a vacancy on the board.
Item 5 - Commission for High-Speed Rail in the Dallas/Fort Worth Region
Authorize the creation of a Commission for High-Speed Rail in the DFW Region, and appoint the presiding officer of the commission (MO) The transportation commission will consider the creation of a Commission for High-Speed Rail in the Dallas/Fort Worth Region. It will be an advisory committee created under Transportation Code §201.117 which will advise the transportation commission and executive director on the development of intercity rail corridors, new transportation policies, and funding and procurement strategies as they relate to the implementation of proposed high-speed rail connecting the Dallas and Fort Worth areas. It will also provide advice on the ongoing preparation of environmental impact statements for high-speed rail from Fort Worth to Dallas, and Dallas to Houston. The transportation commission will also consider the appointment of the presiding officer for the new entity.
Item 6 - County Transportation Infrastructure Fund Grant Program
Authorize an extension of the period of time for counties to submit applications requesting grants under the County Transportation Infrastructure Fund Grant Program for funding transportation infrastructure projects located in areas of the state affected by increased oil and gas production (MO) The department is required by Senate Bill 1747, 83rd Legislature, Regular Session, 2013, to administer a grant program from a transportation infrastructure fund established by the Legislature to provide funding for transportation infrastructure projects located in areas of the state affected by increased oil and gas production. On November 21, 2013, the commission by Minute Order 113773 designated the period between February 7, 2014 and February 14, 2014 as the deadline for submission of county grant applications. This minute order will authorize an extension of that deadline to allow each county more time to satisfy the statute’s eligibility requirements.
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 8 - Promulgation of Administrative Rules
Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 1 - Management; Chapter 3 - Public Information; and Chapter 10 Ethical Conduct of Entities doing Business with the Department (MO) Amendments to §1.2, (Texas Department of Transportation); §§3.11-3.13 (Access to Official Records) and §3.26 (Complaint Resolution); and §10.6 (General Provisions) This change eliminates the regions as part of the department organization. The remaining regional functions need to be centralized as a result of the Sunset review and internal feedback. This change will improve and expand business service, create more effective and efficient business models, and will allow the department to become a more streamlined, collaborative, and responsive organization. (2) Chapter 1 - Management (MO) Amendments to §1.503 (Donations) These changes streamline the donation process to allow acceptance of a donation by the executive director followed by an acknowledgment of the donation by the commission in an open meeting. This will allow the department to utilize the donation in a more efficient manner. These changes comply with Government Code §575.003 regarding the acceptance of gifts by state agencies. (3) Chapter 12 - Public Donation and Participation Program (MO) Amendments to §§12.351-12.355 (Acknowledgment Program) Changes to the acknowledgement program rules will allow greater flexibility in contracting with a vendor to oversee the program. The proposed changes allow a selected vendor to install acknowledgement signs and removes language that limited the acknowledgement to signs. The changes also clarify the donation process to comply with Chapter 575, Government Code. (4) Chapter 27 - Toll Projects (MO) Amendments to §27.2, §27.4, and §27.10 (Comprehensive Development Agreements); Amendments to §27.11 and Repeal of §27.14 (Transfer of Department Toll Projects and Conversion of Non-Toll State Highways) These amendments update and streamline the rules to implement SB 1029 and SB 1730 from the 83rd Legislature. b. Proposed Adoption (1) Chapter 15 - Financing and Construction of Transportation Projects (MO) Amendments to §15.51 and §15.55 (Federal, State, and Local Participation) The proposed amendments to §15.51 and §15.55 add Hurricane Evacuation Route as a category for which contribution percentages are specified. This addition provides the department greater flexibility in expanding hurricane evacuation routes through a county, city, or other political subdivision where the local government is not willing or able to contribute funding. (2) Chapter 21 - Right of Way (MO) Amendments to §21.142, §21.149, §21.152, §21.159, §§21.163-21.165, §21.167, §§21.172-21.176, §21.179, §21.180, §21.182, §§21.190-21.192, §21.251, §21.253, and §21.255 (Regulation of Signs Along Interstate and Primary Highways); and §21.402, §21.409, §§21.412-21.414, §21.416, §21.417, §§21.421-21.425, §21.428, §21.433, §21.434, §21.435, §21.449, and §21.457 (Control of Signs Along Rural Roads) These amendments make changes to refine some definitions, clarify the application process, comply with Senate Bill 162 from the 83rd Legislature, and add flexibility to the department’s corrective measures. The amendments also update the specifications for electronic signs and provide for continuity between primary and interstate signs and rural road signs.
Item 9 - 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 10 - Design-Build Contracts
Travis County - Authorize the department to issue a request for proposals for the development, design, and construction of the SH 71 Toll Lanes Project in Travis County, providing for the addition of toll lanes from Presidential Boulevard to just east of SH 130, along with the realignment of FM 973 from just south of the Colorado River to a point approximately 0.5 miles south of the current SH 71/FM 973 intersection; and approve a stipulated amount as payment for the work product of unsuccessful proposers (MO) On October 31, 2013, in Minute Order 113740, the commission authorized the department to issue a request for qualifications for the project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves a stipulated amount for the payment for work product of responsive, unsuccessful proposers.
Item 11 - Toll Equity Loan Agreement
Various Counties – SH 99 (Grand Parkway) Toll Project – Authorize any deputy executive director of the department to execute amendments to the toll equity loan agreement (TELA) for the Grand Parkway toll project between the department and the Grand Parkway Transportation Corporation (GPTC) (MO) Pursuant to Minute Order 113803, dated December 19, 2013, the commission authorized the executive director to enter into an amendment modifying the maximum amount permitted to be borrowed under the TELA each year by GPTC. The executive director was authorized by minute order 113803 to enter into the TELA amendment on behalf of the department. The interim executive director of the department also serves as president of GPTC and will be entering into the TELA amendment on behalf of GPTC; therefore, other department representatives need to be authorized to enter into TELA amendments on behalf of the department.
a. State Highway Fund Revenue Bonds Approve an amended and restated Sixth Supplemental Resolution authorizing the issuance of new money and refunding obligations of the State Highway Fund in one or more series; approve documents relating to the issuance of such obligations and the refunding of certain outstanding State Highway Fund revenue bonds, including official statements, bond purchase contracts, and escrow agreements; designate certain department officials to take all action necessary to deliver the obligations; and approve an application to the Texas Bond Review Board for authority to issue such obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of State Highway Fund revenue obligations in one or more series for new money and refunding purposes, as authorized under Transportation Code, Section 222.003, and Government Code, Chapter 1207 and 1371. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of outstanding variable rate bonds, or both. b. Texas Mobility Fund Obligations Approve an amended and restated Ninth Supplemental Resolution authorizing the issuance of new money and refunding obligations of the Texas Mobility Fund in one or more series; approve documents relating to the issuance of such obligations and the refunding of certain outstanding Texas Mobility Fund revenue bonds, including official statements, purchase contracts, and escrow agreements; designate certain department officials to take all action necessary to deliver the bonds; and approve an application to the Texas Bond Review Board, if necessary, for authority to issue such obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of Texas Mobility Fund obligations in one or more series for new money and refunding purposes, as authorized under Article III, Section 49-k of the Texas Constitution, Chapter 201 Subchapter M, of the Texas Transportation Code and Chapters 1207 and 1371 of the Texas Government Code. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both. c. Texas Highway Improvement General Obligation Bonds Approve a resolution authorizing the issuance of the unissued remainder of the $5 billion in highway improvement general obligation (HIGO) bonds authorized by the constitutional provision and enabled under Transportation Code, §222.004; approve the preliminary official statement and other documents relating to the issuance of the bonds; authorize designated department officials to take all actions necessary to deliver one or more series of bonds; and approve an application to the Bond Review Board, if necessary, for authority to issue additional bonds (MO) This action authorizes the chief financial officer and other designated department officials to move forward with the issuance of general obligation bonds authorized by the Legislature to provide additional funding for highway improvement projects. The department will request approval from the Bond Review Board to issue additional HIGO bonds. d. Central Texas Turnpike System Revenue Bonds Approve the Seventh Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue Refunding Bonds to refund all or any portion of the outstanding bonds; approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds; authorize the chief financial officer and other designated department representatives to take all actions necessary to effectuate any refunding and deliver one or more series of CTTS Revenue Refunding Bonds; and approve an application to the Texas Bond Review Board, if necessary, for approval or approval to issue such refunding bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of CTTS Revenue Refunding Bonds to refund all or any portion of outstanding bonds, approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both.
El Paso County – Camino Real Regional Mobility Authority - Consider granting approval of a request from Camino Real Regional Mobility Authority (CRRMA) for a grant for capital costs relating to the delivery of the Loop 375 Border Highway West Extension project from Racetrack Drive near Doniphan Road and New Mexico 273 (west of downtown) to US 54 (east of downtown) in the city of El Paso (project) with funding from the proceeds of Texas Mobility Fund general obligation bonds issued under Transportation Code, Chapter 201, Subchapter M; authorize the executive director or his designee to enter into a memorandum of understanding (MOU) providing the terms and conditions on which the CRRMA will use the proceeds of the grant in furtherance of the delivery of the project and setting forth the contributions, roles and responsibilities of the CRRMA and the department in the development, design, construction, funding, operation and maintenance of the project; and authorize the executive director or his designee to enter into other agreements and execute documents as necessary to carry out the purposes of this minute order (MO) This minute order will provide funds for an award to the CRRMA for costs of design and construction work and other capital costs related to the delivery of the Border Highway West Extension project and authorizes the department to enter into an MOU and related agreements setting forth the contributions, roles and responsibilities of the parties in the development, design, construction, funding, operation and maintenance of the project.
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 15 - 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 16 - 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) Denton County - I-35 between North Texas Boulevard and Bonnie Brae Street - 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 pedestrian bridge over I-35. The property being donated is in lieu of payment for the acquisition and is valued at more than $500. (2) Haskell County - US 277, former railroad right of way in Weinert - Consider the sale of surplus land to the abutting landowners (2 MOs) The district has determined that the surplus land is no longer needed for highway purposes. The abutting landowners have requested to purchase the surplus land, and it may be sold to the abutting landowners. Finance (1) Obligation Limit Report (Report) Quarterly status report on the FY 2014 Obligation Limit, the actual obligations utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2014 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2014 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (3) Travis and Williamson Counties - Accept the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the CTTS, a toll project comprised of the SH 130, Segments1-4, SH 45N, SH 45 SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2013. (4) Accept the audited financial statements of the Texas Mobility Fund (TMF) as required by the governing master resolution (MO) The Master Resolution governing the issuance of TMF bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2013. (5) Accept the Quarterly Investment Report (MO) This minute order accepts the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee. d. Transportation Planning (1) Various Counties - Approve revisions to the Wichita Falls Metropolitan Planning Organization metropolitan planning area boundary (MO) Federal law requires that a metropolitan planning area boundary cover the existing urbanized area and the contiguous geographic area expected to become urbanized within a 20-year forecast period covered by the MPO’s metropolitan transportation plan. The boundary may be expanded to encompass the entire metropolitan statistical area. Revisions to metropolitan planning area boundaries must be approved by the governor who has delegated the authority to approve such changes to the Texas Transportation Commission. Archer County and the Wichita Falls MPO Policy Board have agreed to include a portion of Archer County in the Wichita Falls metropolitan planning area. (2) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. (3) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 161 toll project from I-20 to SH 183 in Dallas County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. (4) Various Counties - Approve the Fiscal Year 2013 Annual Report on the Economically Disadvantaged Counties Program (MO) This report documents the use of matching funds and local incentives as well as the savings to counties participating in the Economically Disadvantaged Counties Program. State law requires the commission to provide an annual report on the program to the governor, the lieutenant governor and the speaker of the House of Representatives. e. Designation of Access Control (1) Baylor County - US 277, east of Main Street - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 45-foot break in the control-of-access line will allow the abutting landowner to open proposed driveway locations for access to and from the westbound frontage road. The district has determined that access may be permitted at the designated locations. (2) Brazoria County - SH 288, approximately 1450 feet north of the Memorial Hermann Drive - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 50-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the southbound frontage road. The district has determined that access may be permitted at the designated locations. f. 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.
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda b. Section 551.074 - Deliberate on the search for a new executive director
Open Comment Period & Adjournment
No action taken, 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