Safety Briefing Staff will provide general safety instruction.
Special Presentation
Approval of Minutes of the March 17, 2014 special meeting and the March 27, 2014, regular meeting of the Texas Transportation Commission Receive comments from area public officials, community and civic leaders, and private citizens.
Item 3 - 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 Chapter 15 - Financing and Construction of Transportation Projects (MO) Amendments to §15.51, Definitions, and §15.55, Construction Cost Participation (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.
Item 4 - Office of Compliance, Ethics, and Investigations
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.
Toll Roads a. Tarrant County - Establish new toll rates for DFW Connector Project along SH 114, from SH 26 to 0.5 miles east of International Parkway in Tarrant County(MO) This minute order authorizes new toll rates for the DFW Connector Project. This change is necessary to include pay-by-mail (video) rates. The DFW Connector Project is a managed lane project which consists of a four-lane controlled access toll road (with two tolled lanes in each direction) extending 4.1 miles from SH 26 to 0.5 miles east of International Parkway. The DFW Connector Project is an all-electronic, open road tolling facility. b. El Paso County - Establish toll rates and a toll escalation policy for the Loop 375 Border Highway West Extension Project (Loop 375 BHW Project) from Racetrack Drive near Doniphan Road and New Mexico 273 to US 54 in the City of El Paso (MO) This minute order authorizes toll rates for the Loop 375 BHW Project and allows for annual toll rate escalations in accordance with standard indices. The Loop 375 BHW Project will add capacity through the construction of two tolled lanes in each direction extending approximately 7 miles, from Racetrack Drive to the terminus of the existing Loop 375, in the vicinity of Santa Fe Street. The Loop 375 BHW Project is an all-electronic, open road tolling facility.
Item 6 - Comprehensive Development Agreements
Comprehensive Development Agreements a. El Paso County - Approve the selection of the proposer who submitted the best value proposal to develop, design, construct, and maintain 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, and authorize the executive director of the department to execute a comprehensive development agreement with the selected proposer (MO)(Presentation) On December 20, 2013, the department issued a request for proposals to develop, design, construct, and maintain the Loop 375 Border Highway West Project. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission. b. Nueces County - Authorize the request for qualifications and the comprehensive development agreement for the US 181 Harbor Bridge Project in Nueces County to include the developer’s potential financing of project costs by its carrying of a portion of the construction costs until after the completion of construction (MO) By Minute Order 113853, dated February 27, 2014, the commission approved the issuance of a request for qualifications to develop, design, construct, and potentially maintain, all or any portion of the US 181 Bridge Project in Nueces County. This minute order will allow the comprehensive development agreement to potentially include a financing option to require the developer to carry costs incurred under the comprehensive development agreement beyond the completion of the project.
Item 7 - Texas Historical Commission Agreement
Texas Historical Commission Agreement El Paso County - Authorize acquisition, and recommend conveyance, to the Texas Historical Commission of certain properties in El Paso (MO) This acquisition and conveyance will be done in accordance with a project-specific agreement between the department and the Texas Historical Commission. The agreement seeks to resolve, through mitigation, adverse impacts to archeological resources associated with the Border Highway West project and another highway project in El Paso.
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 9 - Eminent Domain Proceedings
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 10 - Routine Minute Orders
Routine Minute Orders a. Donations to the Department Various Districts - Consider the acknowledgment 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 - SH 30 northwest of William D. Fitch Parkway - Consider the release of a drainage easement to the property owners and waiver of a service fee (MO) The district has determined that an easement donated to the state for highway drainage purposes is no longer needed for highway purposes. The owners of the underlying fee have requested that the easement be released. Since they are the donors and still the fee owners of the land, the easement may be released to them at no cost. The district advises (2) Dallas County - I-30 at St. Louis Street in Dallas - Consider the sale of right of way to the city of Dallas (MO) The district has determined that the land is no longer needed for highway purposes. The city has requested to purchase the land, and it may be sold to the city. (3) El Paso County - SH 20 at Easy Way in El Paso - Consider the sale of right of way to the city of El Paso (MO) The district has determined that the land is no longer needed for highway purposes. The city has requested to purchase the land, and it may be sold to the city. (4) Lubbock County - County Road 1500 between Emerson Street (CR 5700) and 12th Street (FM 1294) north of Shallowater - Consider the quitclaim to the county of right of way acquired in error in the state’s name (MO) The district has determined that land acquired for a county road was conveyed to the state in error. The county has accepted the land and agrees to maintain the road, and the land may be quitclaimed to the county. (5) Smith County - US 69, west side, south of FM 3271 - Consider the sale of a drainage easement to the property owner (MO) The district has determined that an easement used for highway drainage purposes is no longer needed for highway purposes. The owner of the underlying fee has requested to purchase the easement, and it may be sold to the fee owner. c. 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) 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. Reports Travis and Williamson Counties – Accept the Report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) (Report) Report of actual traffic and revenue for the CTTS as of February 28, 2014. e. Designation of Access Control Dallas County - I-635, south of Centerville Road - 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 40-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 northbound frontage road. The district has determined that access may be permitted at the designated location. 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
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.
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 551.072 - Discussion of the purchase, exchange, lease, or value of real property
Adjourn
Safety Briefing Staff will provide general safety instruction.
Special Presentation
Approval of Minutes of the March 17, 2014 special meeting and the March 27, 2014, regular meeting of the Texas Transportation Commission Receive comments from area public officials, community and civic leaders, and private citizens.
Item 3 - 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 Chapter 15 - Financing and Construction of Transportation Projects (MO) Amendments to §15.51, Definitions, and §15.55, Construction Cost Participation (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.
Item 4 - Office of Compliance, Ethics, and Investigations
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.
Toll Roads a. Tarrant County - Establish new toll rates for DFW Connector Project along SH 114, from SH 26 to 0.5 miles east of International Parkway in Tarrant County(MO) This minute order authorizes new toll rates for the DFW Connector Project. This change is necessary to include pay-by-mail (video) rates. The DFW Connector Project is a managed lane project which consists of a four-lane controlled access toll road (with two tolled lanes in each direction) extending 4.1 miles from SH 26 to 0.5 miles east of International Parkway. The DFW Connector Project is an all-electronic, open road tolling facility. b. El Paso County - Establish toll rates and a toll escalation policy for the Loop 375 Border Highway West Extension Project (Loop 375 BHW Project) from Racetrack Drive near Doniphan Road and New Mexico 273 to US 54 in the City of El Paso (MO) This minute order authorizes toll rates for the Loop 375 BHW Project and allows for annual toll rate escalations in accordance with standard indices. The Loop 375 BHW Project will add capacity through the construction of two tolled lanes in each direction extending approximately 7 miles, from Racetrack Drive to the terminus of the existing Loop 375, in the vicinity of Santa Fe Street. The Loop 375 BHW Project is an all-electronic, open road tolling facility.
Item 6 - Comprehensive Development Agreements
Comprehensive Development Agreements a. El Paso County - Approve the selection of the proposer who submitted the best value proposal to develop, design, construct, and maintain 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, and authorize the executive director of the department to execute a comprehensive development agreement with the selected proposer (MO)(Presentation) On December 20, 2013, the department issued a request for proposals to develop, design, construct, and maintain the Loop 375 Border Highway West Project. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission. b. Nueces County - Authorize the request for qualifications and the comprehensive development agreement for the US 181 Harbor Bridge Project in Nueces County to include the developer’s potential financing of project costs by its carrying of a portion of the construction costs until after the completion of construction (MO) By Minute Order 113853, dated February 27, 2014, the commission approved the issuance of a request for qualifications to develop, design, construct, and potentially maintain, all or any portion of the US 181 Bridge Project in Nueces County. This minute order will allow the comprehensive development agreement to potentially include a financing option to require the developer to carry costs incurred under the comprehensive development agreement beyond the completion of the project.
Item 7 - Texas Historical Commission Agreement
Texas Historical Commission Agreement El Paso County - Authorize acquisition, and recommend conveyance, to the Texas Historical Commission of certain properties in El Paso (MO) This acquisition and conveyance will be done in accordance with a project-specific agreement between the department and the Texas Historical Commission. The agreement seeks to resolve, through mitigation, adverse impacts to archeological resources associated with the Border Highway West project and another highway project in El Paso.
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 9 - Eminent Domain Proceedings
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 10 - Routine Minute Orders
Routine Minute Orders a. Donations to the Department Various Districts - Consider the acknowledgment 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 - SH 30 northwest of William D. Fitch Parkway - Consider the release of a drainage easement to the property owners and waiver of a service fee (MO) The district has determined that an easement donated to the state for highway drainage purposes is no longer needed for highway purposes. The owners of the underlying fee have requested that the easement be released. Since they are the donors and still the fee owners of the land, the easement may be released to them at no cost. The district advises (2) Dallas County - I-30 at St. Louis Street in Dallas - Consider the sale of right of way to the city of Dallas (MO) The district has determined that the land is no longer needed for highway purposes. The city has requested to purchase the land, and it may be sold to the city. (3) El Paso County - SH 20 at Easy Way in El Paso - Consider the sale of right of way to the city of El Paso (MO) The district has determined that the land is no longer needed for highway purposes. The city has requested to purchase the land, and it may be sold to the city. (4) Lubbock County - County Road 1500 between Emerson Street (CR 5700) and 12th Street (FM 1294) north of Shallowater - Consider the quitclaim to the county of right of way acquired in error in the state’s name (MO) The district has determined that land acquired for a county road was conveyed to the state in error. The county has accepted the land and agrees to maintain the road, and the land may be quitclaimed to the county. (5) Smith County - US 69, west side, south of FM 3271 - Consider the sale of a drainage easement to the property owner (MO) The district has determined that an easement used for highway drainage purposes is no longer needed for highway purposes. The owner of the underlying fee has requested to purchase the easement, and it may be sold to the fee owner. c. 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) 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. Reports Travis and Williamson Counties – Accept the Report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) (Report) Report of actual traffic and revenue for the CTTS as of February 28, 2014. e. Designation of Access Control Dallas County - I-635, south of Centerville Road - 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 40-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 northbound frontage road. The district has determined that access may be permitted at the designated location. 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
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.
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 551.072 - Discussion of the purchase, exchange, lease, or value of real property
Adjourn