Safety Briefing Staff will provide general safety instruction
Item 2 - Approval of Minutes & Comments
Approval of Minutes of the January 26, 2014, regular meeting of the Texas Transportation Commission Receive comments from area public officials, community and civic leaders, and private citizens.
Item 4 - Regional Mobility Authority
Webb County and the City of Laredo - Authorize Webb County and the City of Laredo to create the Webb County - City of Laredo Regional Mobility Authority (MO) In January 2014, Webb County and the City of Laredo submitted a joint petition seeking authorization to form the Webb County - City of Laredo Regional Mobility Authority. A public hearing was held on February 4, 2014 to receive public comment on the proposed regional mobility authority (RMA). At the public hearing, one elected official, the Laredo City Manager and three individuals spoke in favor of the creation of the RMA. One individual spoke in opposition to a specific project. Two individuals submitted written comments, one in favor of creation of the RMA and one opposing the development of a specific toll road.
Item 5 - Transportation Planning (Part 1 of 2)
B. Webb County - In the city of Laredo, redesignate a segment of State Loop 20 as US 59 and redesignate a segment of US 59 as Business US 59-Z (MO) This minute order redesignates a segment of State Loop 20 as US 59 from the World Trade Bridge to the junction of State Loop 20 and US 59 in Laredo, a distance of approximately 10.9 miles and redesignates a segment of US 59 as BU 59-Z from the junction of State Loop 20 and US 59 to the southern terminus of US 59 in Laredo, a distance of approximately 3.6 miles. This begins the process of designating US 59 concurrent with the I-69 system in Laredo.
Item 11 - Desgin Build Agreements (Part 1 of 2)
b. Nueces County – Authorize the department to issue a request for qualifications to develop, design, construct, and potentially maintain the US 181 Harbor Bridge Project in Nueces County (MO) (Presentation) Transportation Code § 223.201 authorizes the department to enter into a comprehensive development agreement for the U.S. 181 Harbor Bridge project in Nueces County on U.S. Highway 181 between Beach Avenue and Agnes Street on SH 286. The development and completion of the U.S. 181 Harbor Bridge project can be expedited through the use of a public-private partnership agreement, and the employment of innovative methods for the development and financing of projects that are available with a public-private partnership agreement. Development of the US 181 Harbor Bridge Project is a high priority for the state and will help improve safety conditions in Nueces County.
Item 3 - Federal Legislative Priorities
Federal Legislative Priorities Adopt federal policy priorities document (MO) Adopt federal policy priorities document that will be used in discussions with the Texas Congressional Delegation, federal agencies, and others as transportation legislation is developed by the United States Congress or as new opportunities are created by federal agencies. Staff has worked with key Texas transportation stakeholders to draft a set of guiding principles for the Commission’s consideration.
Item 5 - Transportation Planning (Part 2 of 2)
a. Hidalgo County - Approve the transfer of Border Colonias Access Program funds from previously selected colonia projects to other eligible colonia projects (MO) The Border Colonias Access Program rules allow a county to use unexpended funds from a project on any other commission-selected county colonia project. Hidalgo County (county) has requested approval to transfer the remaining portion of the funds previously awarded to the county to other eligible colonia projects.
Item 6 - Advisory Committee Appointments
Appoint members to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.
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 - Public Transportation
Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) This minute order awards transportation development credits to transit agencies for projects serving urbanized areas in the Corpus Christi and San Antonio areas for use as local match for federal Section 5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities.
Item 9 - Promulgation of Administrative Rules
Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) This minute order proposes the adoption of changes to the procedure for protesting purchases resulting from the reorganization of the General Services Division within TxDOT. (2) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.17, Award of Contract (Highway Improvement Contracts) These rules apply a bid preference against an out of state manufacturer that manufactures construction materials in a state that applies a similar preference against Texas manufacturers. In addition, the rules provide for a 5% bidding preference to Texas contractors. This preference will not be applied to a contractor from a bordering state if that state does not give a bidding preference to its own resident contractors
Item 10 - Office of Compliance, Ethics, and Investigations
Office of Compliance, Ethics, and Investigations 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 11 - Design Build Agreements (Part 2 of 2)
a. Various Counties - Consider approval of a project agreement between the department and the North Texas Tollway Authority (NTTA), and a financial backstop agreement between the department, the NTTA, and the Regional Transportation Council (RTC), the transportation policy body of North Central Texas Council of Governments (NCTCOG), relating to the development, financing, design, construction, operation and maintenance of the SH 360 Project in Ellis, Tarrant and Johnson Counties, providing for the construction of toll lanes and other improvements to SH 360 from just south of I-20 to US 287, and authorize the department to issue a request for qualifications for the development, design, construction, and maintenance of the SH 360 Project (MO) By Minute Order 113802, dated December 19, 2013, the commission authorized the department to negotiate the project agreement for the development of SH 360 from just south of I-20 to US 287 in Tarrant, Ellis and Johnson counties (SH 360 Section 1) and the financial backstop agreement. Under the financial backstop agreement, the RTC will effectively repay the unpaid amount of loan payments and pay certain project operating and maintenance costs through the commission’s reduction of any shortfall from the region’s Unified Transportation Program (UTP) allocation, or from other available funding, if revenues are insufficient for those purposes. Transportation Code, §223.242 authorizes the department to enter into, in each fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $50 million or more. Development of the SH 360 Section 1 Project will provide significant congestion relief within the developing areas of south Arlington, Mansfield and Grand Prairie while providing an improved north/south alternative to DFW regional motorists. The project meets the conditions necessary for design-build delivery.
Item 12 - State Infrastructure Bank (SIB)
Collin County - Greater Texoma Utility Authority - Consider granting final approval of an application from the Greater Texoma Utility Authority to borrow up to $340,000 from the State Infrastructure Bank (SIB) to pay for waterline relocation required for the widening of SH121 (MO) The department has entered into a standard utility agreement with Greater Texoma Utility Authority regarding waterline relocation within the right of way of planned improvements to widen SH 121 from SH 5 to 1.65 miles east of FM 455. Greater Texoma is requesting SIB financial assistance to pay for costs of relocating the waterlines. Greater Texoma Utility Authority will perform this utility relocation work.
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 14 - 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 15 - Routine Minute Orders
a. 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) Bell County – FM 2410, southwest corner at FM 439 – Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The abutting landowner has requested to purchase the surplus land, and it may be sold to the abutting landowner. (2) Brazos County – FM 2154, old alignment at SH 6 – Consider the sale of surplus right of way to an abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. An abutting landowner has requested to purchase the surplus land. Another abutting owner has declined to acquire any of the surplus land, and it may be sold to the requester. (3) McLennan County – SS 396 west of Lake Air Drive in Waco – Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The abutting landowner has requested to purchase the surplus land, and it may be sold to the abutting landowner. Routine Minute Orders (continued) a. Right of Way Dispositions and Donations (continued) (4) Potter County – I-40 at Tee Anchor Boulevard in Amarillo – Consider the sale of access rights to the abutting landowner (MO) A property owner has requested a break in the control-of-access line for a driveway location on the westbound frontage road. The district has determined that access may be allowed to and from the highway facility at the requested location, and access rights may be sold to the abutting landowner. b. Finance (1) Accept the annual continuing disclosure report for the State Highway Fund revenue bonds (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the State Highway Fund bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (2) Accept the annual continuing disclosure report for the Texas Mobility Fund (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the Texas Mobility Fund, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (3) Travis and Williamson Counties - Accept the annual continuing disclosure report for the Central Texas Turnpike System (MO) Under provisions of the Indenture of Trust for the Central Texas Turnpike System bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. c. 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.
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 of the Texas Department of Transportation c. Section 551.074 - Interview selected applicants for and discuss the employment of the executive director of the Texas Department of Transportation ADJOURN
Safety Briefing Staff will provide general safety instruction
Item 2 - Approval of Minutes & Comments
Approval of Minutes of the January 26, 2014, regular meeting of the Texas Transportation Commission Receive comments from area public officials, community and civic leaders, and private citizens.
Item 4 - Regional Mobility Authority
Webb County and the City of Laredo - Authorize Webb County and the City of Laredo to create the Webb County - City of Laredo Regional Mobility Authority (MO) In January 2014, Webb County and the City of Laredo submitted a joint petition seeking authorization to form the Webb County - City of Laredo Regional Mobility Authority. A public hearing was held on February 4, 2014 to receive public comment on the proposed regional mobility authority (RMA). At the public hearing, one elected official, the Laredo City Manager and three individuals spoke in favor of the creation of the RMA. One individual spoke in opposition to a specific project. Two individuals submitted written comments, one in favor of creation of the RMA and one opposing the development of a specific toll road.
Item 5 - Transportation Planning (Part 1 of 2)
B. Webb County - In the city of Laredo, redesignate a segment of State Loop 20 as US 59 and redesignate a segment of US 59 as Business US 59-Z (MO) This minute order redesignates a segment of State Loop 20 as US 59 from the World Trade Bridge to the junction of State Loop 20 and US 59 in Laredo, a distance of approximately 10.9 miles and redesignates a segment of US 59 as BU 59-Z from the junction of State Loop 20 and US 59 to the southern terminus of US 59 in Laredo, a distance of approximately 3.6 miles. This begins the process of designating US 59 concurrent with the I-69 system in Laredo.
Item 11 - Desgin Build Agreements (Part 1 of 2)
b. Nueces County – Authorize the department to issue a request for qualifications to develop, design, construct, and potentially maintain the US 181 Harbor Bridge Project in Nueces County (MO) (Presentation) Transportation Code § 223.201 authorizes the department to enter into a comprehensive development agreement for the U.S. 181 Harbor Bridge project in Nueces County on U.S. Highway 181 between Beach Avenue and Agnes Street on SH 286. The development and completion of the U.S. 181 Harbor Bridge project can be expedited through the use of a public-private partnership agreement, and the employment of innovative methods for the development and financing of projects that are available with a public-private partnership agreement. Development of the US 181 Harbor Bridge Project is a high priority for the state and will help improve safety conditions in Nueces County.
Item 3 - Federal Legislative Priorities
Federal Legislative Priorities Adopt federal policy priorities document (MO) Adopt federal policy priorities document that will be used in discussions with the Texas Congressional Delegation, federal agencies, and others as transportation legislation is developed by the United States Congress or as new opportunities are created by federal agencies. Staff has worked with key Texas transportation stakeholders to draft a set of guiding principles for the Commission’s consideration.
Item 5 - Transportation Planning (Part 2 of 2)
a. Hidalgo County - Approve the transfer of Border Colonias Access Program funds from previously selected colonia projects to other eligible colonia projects (MO) The Border Colonias Access Program rules allow a county to use unexpended funds from a project on any other commission-selected county colonia project. Hidalgo County (county) has requested approval to transfer the remaining portion of the funds previously awarded to the county to other eligible colonia projects.
Item 6 - Advisory Committee Appointments
Appoint members to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.
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 - Public Transportation
Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) This minute order awards transportation development credits to transit agencies for projects serving urbanized areas in the Corpus Christi and San Antonio areas for use as local match for federal Section 5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities.
Item 9 - Promulgation of Administrative Rules
Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) This minute order proposes the adoption of changes to the procedure for protesting purchases resulting from the reorganization of the General Services Division within TxDOT. (2) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.17, Award of Contract (Highway Improvement Contracts) These rules apply a bid preference against an out of state manufacturer that manufactures construction materials in a state that applies a similar preference against Texas manufacturers. In addition, the rules provide for a 5% bidding preference to Texas contractors. This preference will not be applied to a contractor from a bordering state if that state does not give a bidding preference to its own resident contractors
Item 10 - Office of Compliance, Ethics, and Investigations
Office of Compliance, Ethics, and Investigations 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 11 - Design Build Agreements (Part 2 of 2)
a. Various Counties - Consider approval of a project agreement between the department and the North Texas Tollway Authority (NTTA), and a financial backstop agreement between the department, the NTTA, and the Regional Transportation Council (RTC), the transportation policy body of North Central Texas Council of Governments (NCTCOG), relating to the development, financing, design, construction, operation and maintenance of the SH 360 Project in Ellis, Tarrant and Johnson Counties, providing for the construction of toll lanes and other improvements to SH 360 from just south of I-20 to US 287, and authorize the department to issue a request for qualifications for the development, design, construction, and maintenance of the SH 360 Project (MO) By Minute Order 113802, dated December 19, 2013, the commission authorized the department to negotiate the project agreement for the development of SH 360 from just south of I-20 to US 287 in Tarrant, Ellis and Johnson counties (SH 360 Section 1) and the financial backstop agreement. Under the financial backstop agreement, the RTC will effectively repay the unpaid amount of loan payments and pay certain project operating and maintenance costs through the commission’s reduction of any shortfall from the region’s Unified Transportation Program (UTP) allocation, or from other available funding, if revenues are insufficient for those purposes. Transportation Code, §223.242 authorizes the department to enter into, in each fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $50 million or more. Development of the SH 360 Section 1 Project will provide significant congestion relief within the developing areas of south Arlington, Mansfield and Grand Prairie while providing an improved north/south alternative to DFW regional motorists. The project meets the conditions necessary for design-build delivery.
Item 12 - State Infrastructure Bank (SIB)
Collin County - Greater Texoma Utility Authority - Consider granting final approval of an application from the Greater Texoma Utility Authority to borrow up to $340,000 from the State Infrastructure Bank (SIB) to pay for waterline relocation required for the widening of SH121 (MO) The department has entered into a standard utility agreement with Greater Texoma Utility Authority regarding waterline relocation within the right of way of planned improvements to widen SH 121 from SH 5 to 1.65 miles east of FM 455. Greater Texoma is requesting SIB financial assistance to pay for costs of relocating the waterlines. Greater Texoma Utility Authority will perform this utility relocation work.
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 14 - 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 15 - Routine Minute Orders
a. 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) Bell County – FM 2410, southwest corner at FM 439 – Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The abutting landowner has requested to purchase the surplus land, and it may be sold to the abutting landowner. (2) Brazos County – FM 2154, old alignment at SH 6 – Consider the sale of surplus right of way to an abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. An abutting landowner has requested to purchase the surplus land. Another abutting owner has declined to acquire any of the surplus land, and it may be sold to the requester. (3) McLennan County – SS 396 west of Lake Air Drive in Waco – Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The abutting landowner has requested to purchase the surplus land, and it may be sold to the abutting landowner. Routine Minute Orders (continued) a. Right of Way Dispositions and Donations (continued) (4) Potter County – I-40 at Tee Anchor Boulevard in Amarillo – Consider the sale of access rights to the abutting landowner (MO) A property owner has requested a break in the control-of-access line for a driveway location on the westbound frontage road. The district has determined that access may be allowed to and from the highway facility at the requested location, and access rights may be sold to the abutting landowner. b. Finance (1) Accept the annual continuing disclosure report for the State Highway Fund revenue bonds (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the State Highway Fund bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (2) Accept the annual continuing disclosure report for the Texas Mobility Fund (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the Texas Mobility Fund, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (3) Travis and Williamson Counties - Accept the annual continuing disclosure report for the Central Texas Turnpike System (MO) Under provisions of the Indenture of Trust for the Central Texas Turnpike System bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. c. 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.
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 of the Texas Department of Transportation c. Section 551.074 - Interview selected applicants for and discuss the employment of the executive director of the Texas Department of Transportation ADJOURN