Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the April 4, 2014, special meeting, April 23, 2014, workshop meeting and the April 24, 2014, regular meeting of the Texas Transportation Commission
Update and discussion regarding the draft 2015-2019 TxDOT Strategic Plan (Presentation) As required by law, department staff has developed the 2015-2019 Strategic Plan. Staff will discuss the draft text of the primary components of that plan. In addition, staff will discuss the mission, vision, values, goals, objectives, agency-level performance measures, strategies, and key planning contextual information that will direct the department over the next five years.
Update and discussion regarding the development of TxDOT's Fiscal Year 2016-2017 Legislative Appropriations Request (Presentation) Staff will discuss the development of the LAR with the commission and seek direction on components of the LAR which include overall funding and FTE levels.
Overview of TxDOT-supported research at Texas A&M University-Kingsville related to the South Texas Natives Program The department will discuss the South Texas Natives Program, an initiative to develop and promote native plants for restoration and reclamation of habitats on private and public lands, through the Caesar Kleberg Wildlife Research Institute at Texas A&M University-Kingsville and its impact on the state highway system.
Aviation Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
Public Transportation a. Various Counties - Award federal §5304 and state match, §5311, §5311(f), Rural Transit Assistance Program funds for the FY 2014 coordinated call for projects, and award transportation development credits (MO) The awards identified in this minute order reflect the allocation of federal grant funds from several Federal Transit Administration programs and state match to various entities and public transportation providers responding to a coordinated program request for proposal. Transportation development credits are awarded to various agencies to assist with the match of federal funds for capital projects. b. Various Counties - Award federal §5311 funds, Formula Grants for Rural Areas Program, and transportation development credits to rural transit districts for FY 2014 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5311, Formula Grants for Rural Areas Program, and Transportation Development Credits to rural public transportation providers for a formula allocation based on vehicle revenue miles. c. Various Counties - Award federal §5311 funds, Formula Grants for Rural Areas Program, to rural transit districts for FY 2014 (MO) The awards identified in this minute order reflect an allocation of federal grant funds from the Federal Transit Administration §5311, Formula Grants for Rural Areas Program, to rural transit agencies to address impacts of the 2010 Census beyond the formula-based awards previously awarded by the Texas Transportation Commission in March 2014. d. Various Counties - Award federal §5310 funds, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, and award transportation development credits for FY 2014 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5310, Enhanced Mobility of Seniors and Individuals with Disabilities Program to various public transportation providers. Transportation development credits are awarded to various transportation agencies to assist with the match of federal funds for capital projects. e. Various Counties - Award state funds to public transportation providers for FY 2015 as appropriated by the 83rd Texas Legislature (MO) The awards identified in this minute order reflect the allocation of state grant funds from state appropriations to small urban and to rural public transportation providers. f. Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) This Minute Order awards Transportation Development Credits to Lower Rio Grande Valley Development Center, Golden Crescent Regional Planning Commission, Wichita Falls, Hill Country Transit District, and the City of Longview to assist with the match of federal funds for capital projects. g. Tarrant County - Award federal §5310 funds, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, to Mental Health and Mental Retardation of Tarrant County to continue a demonstration project for mobility management (MO) The award identified in this minute order from the federal §5310 program will continue funding for a mobility management demonstration project in areas of Tarrant County. Funding will cover administration and operating expense; and the expenses of evaluating and reporting on the services provided and their impact. Multiple project partners have committed to providing the local match requirement. h. Various Counties - Award state funds to Panhandle Community Services (MO) Recent fires in the Texas Panhandle have destroyed homes, infrastructure and impacted the lives of several of the residents. Many families have relocated in temporary housing with little to nothing left of their possessions, including their vehicles. The award identified in this minute order will provide financial assistance to the local rural transit provider to assist with the additional transportation needs of the displaced families.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) 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, §§21.433-21.435, §21.449, and §21.457 (Control of Signs Along Rural Roads) These amendments make minor or non-substantive 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. b. Proposed Adoption (1) Chapter 15 - Financing and Construction of Transportation Projects (MO) Amendments to §15.52, Agreements (Federal, State, and Local Participation). This proposed rulemaking would permit additional flexibility for districts to negotiate Advance Funding Agreements by revising when special approvals must be obtained. It would also add clarity regarding the factors to be considered by districts in allowing local governments to perform work and be reimbursed for that work. b. Proposed Adoption (continued) (2) Chapter 21 - Right of Way (MO) Amendments to §21.146, Exempt Signs, §21.187, Spacing of Signs, and §21.189, Sign Height Restrictions, (Regulation of Signs Along Interstate and Primary Highways); and §21.405, Exemptions, 21.429, Spacing of Signs (Control of Signs Along Rural Roads) These amendments propose changes to rules regulating signs along roadways in the state. They include changes being made in response to public comments that were received for the sign rules proposed in January 2014 and scheduled for final adoption this month and that were beyond the scope of that rulemaking. (3) Chapter 25 - Traffic Operations (MO) Amendments to §25.1, Uniform Traffic Control Devices (General) This amendment revises the Texas Manual on Uniform Traffic Control Devices adopted by reference in §25.1 to accommodate changing transportation needs, provide new traffic control tools and to clarify and maintain consistency with the National Manual on Uniform Traffic Control Devices.
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.
Policies for Financial Reports and Internal Control; Code of Ethics Revise directives related to incorporating the spirit of Sarbanes-Oxley into key financial reports and internal controls and the creation of a code of ethics for senior finance personnel (MO) Minute Order 111785, adopted by the commission in April 2009, directed the chief financial officer to: (1) develop and implement policies and procedures related to the certification of financial reports and the implementation and maintenance of internal controls; and (2) develop a code of ethics for senior finance personnel. The Finance Division has developed an approach to further implement the spirit of Sarbanes-Oxley which will strengthen the existing program and provide clarity on the division’s role in complying with the commission’s directives.
Toll Roads Travis County - Designate the SH 71 Toll Lanes Project from Presidential Boulevard to just east of SH 130 as a toll project on the state highway system (MO) The Texas Department of Transportation received final environmental clearance and a Finding of no significant impact on May 9, 2014. This minute order designates the SH 71 Toll Lanes Project from Presidential Boulevard to just east of SH 130 in Travis County as a toll project on the state highway system.
Comprehensive Development Agreements a. Dallas and Tarrant Counties - Approve the selection of the proposer that submitted the best value proposal to develop, finance, construct, operate, and maintain the SH 183 Managed Lanes Project in Dallas and Tarrant Counties, comprised of SH 183 from SH 121 to I-35E, including the proposed interchanges with Loop 12, SH 114, and Spur 482, and potentially SH 114 from International Parkway to Loop 12, and Loop 12 from SH 183 to I-35E, and authorize the executive director of the department to execute a comprehensive development agreement with the select proposer (MO) (Presentation) On November 7, 2013, the department issued a request for proposals to develop, finance, construct, and operate the SH 183 Managed Lanes project, a toll project in Dallas and Tarrant counties. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission. b. El Paso County - Approve the substantially final form of the comprehensive development agreement and the associated comprehensive maintenance agreement between the department and the selected best value proposer 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, including the comprehensive maintenance agreement, with the selected proposer (MO) On April 24, 2014, the department selected a best value proposer and conditionally awarded the comprehensive development agreement (CDA) for the Loop 375 Border Highway West Extension Project. The selected best value proposer employs a person who was the department’s executive director less than four years ago. In accordance with Texas Government Code §669.003, the department has notified the Legislative Budget Board that the commission will vote on entering into a contract with an entity that employs a person who was the department’s executive director in the last four years. The department is presenting the CDA and associated comprehensive maintenance agreement in its substantially final form to the commission for final approval.
Traffic Operations Highway Safety Plan - Approve funding for the 2015 Highway Safety Plan (MO) (Presentation) The department develops and implements an annual Highway Safety Plan (HSP). Federal funds are allocated by the National Highway Traffic Safety Administration and are used for traffic safety projects identified in the HSP. The HSP groups anticipated projects into focus-oriented program areas. This minute order lists the number of projects in each program area and the allocated amounts for FY 2015.
Toll Equity Smith County - North East Texas Regional Mobility Authority - Consider preliminary approval of a request from North East Texas Regional Mobility Authority (NET RMA) for financial assistance in the amount of $3,545,000 for the costs of acquisition and construction of toll equipment for Loop 49, locally known as Toll 49 (LP49) (MO) The NET RMA is requesting financial assistance in the form of a grant to pay for the costs of acquiring and constructing toll equipment for Segments 1, 2, 3A, and 5 of LP49. The project would convert the toll management system equipment to the same toll integrator for all segments of LP49 so the system can operate with greater efficiency.
State Infrastructure Bank Kaufman County - City of Kaufman - Consider granting final approval of an application from the City of Kaufman to borrow up to $5,000,000 from the State Infrastructure Bank (SIB) to pay for two projects: 1) 4-lane bypass around the City of Kaufman from the proposed interchange at US 175 to SH 243; and 2) 4 lane bypass around the City of Kaufman from 1.375 miles southwest of FM 1388 to south of the proposed interchange at US 175 (MO) The City of Kaufman is requesting SIB financial assistance to pay for City of Kaufman’s costs of construction of two new projects. The SIB loan will be secured by pledge of ad valorem taxes.
Toll Rates for DFW Connector Tarrant County - Implement a pilot program, during the first six months of operation, to establish scheduled increases in the surcharge over the ETC rate that is applied for the video rate for the DFW Connector Project, extending along SH 114 from SH 26 to 0.5 miles east of International Parkway in Tarrant County (MO) This minute order authorizes scheduled video surcharge increases, during the first six months of operation, for the DFW Connector Project, 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.
Professional Services Contracts Approval to exceed the contract term restrictions in 43 TAC §9.32(b)(1) for the procurement under indefinite deliverable contracts of procurement engineering services; general engineering consultant services; right-of-way acquisition and engineering services and right-of-way lease procurement services for projects developed under comprehensive development agreements, design-build agreements, or other innovatively funded or developed methods (MO) The expeditious delivery of Comprehensive Development Agreements, Design/Build, and other innovatively delivered projects will require the assistance and support of various consulting engineering contracts. This minute order authorizes the procurement of indefinite deliverable consultant contracts that will deliver and implement these projects.
Unified Transportation Program (UTP) Approve updates to the 2014 UTP (MO) (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The commission approved the 2014 UTP in August 2013 and revisions to the 2014 UTP in December 2013 and March 2014. This minute order updates allocations based on funds transfer requests in multiple categories and authorizes funding for project priorities in accordance with the funding availability established in the December 2013 Cashflow forecast. In addition, this minute order revises project specific program lists, incorporates information regarding transportation development credit awards and remaining balances, and includes minor revisions and technical corrections.
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)
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.
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) Baylor County - US 277, former railroad right of way south of Seymour - Consider the sale of right of way to the abutting landowners (MO) The district has determined that the railroad land is no longer needed for highway purposes. The abutting landowners have requested to purchase the land, and it may be sold to them. Routine Minute Orders (continued) b. Right of Way Dispositions and Donations (continued) (2) Gregg County - FM 1252, south side, near old SH 135 - Consider waiving a charge for the lease of right of way (MO) The district has determined that right of way may be leased to a school district for the purpose of installing a telecommunication line between school district facilities. The commission must find it to be in the public interest to waive the fair market value requirement for a lease for social purposes. (3) Harrison County - SH 154, old alignment at Little Cypress Creek north of Nesbitt - Consider the removal from the system of two segments on the old alignment and transfer of control, jurisdiction, and maintenance to the county, designation on a new location, and quitclaim of right of way to the county (MO) Two segments of the highway were realigned. Right of way on the old alignment is no longer needed for highway purposes. Portions of the right of way were acquired in the county’s name, and there is no record title to other portions. The district recommends removal of the old alignment and transfer of control, jurisdiction, and maintenance to the county, designation on the new location, and quitclaim of right of way on the old alignment to the county. (4) Howard County - US 87 at FM 700 in Big Spring - Consider the sale of right of way to the city of Big Spring (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. (5) McLennan County - FM 2837 at I-35 in Lorena - Consider the exchange of land and acceptance of a donation (MO) The district has advised that the existing right of way is no longer needed for highway purposes and that new right of way is needed for an improvement project. The existing land may be exchanged for the new land. The owner of the new land has agreed to donate the difference in value to the state. (6) Tarrant County - Rosedale Street at 7th Avenue in Fort Worth - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (7) Walker County - SH 19 in Huntsville - Consider the exchange of right of way with the city of Huntsville (MO) The district has determined that existing right of way is no longer needed for highway purposes. The city is willing to convey needed land to the state in exchange for the existing land. The state will pay the difference in value to the city. Routine Minute Orders (continued) c. Environmental Covenant Authorize the executive director to execute an environmental restrictive covenant, in favor of the Texas Commission on Environmental Quality (TCEQ) and the State of Texas, imposing certain restrictions on subsurface activities on a section of I-30 right-of-way between N. Cockrell Hill Road and N. Westmoreland Road, west of downtown Dallas (MO) The TxDOT restrictive covenant would be executed as part of a response action undertaken by TXI Operations, LP (TXI) to address contamination beneath property owned by TXI on the south side of I-30. The contamination is believed to be from a historic release of crude oil that occurred approximately 60 years ago. A portion of the contamination is present beneath TxDOT’s I-30 right-of-way. d. Transportation Planning Various Counties - Approve the redesignation of the Alamo Area Metropolitan Planning Organization (MPO) (MO) Pursuant to federal law, the Alamo Area MPO (formerly San Antonio-Bexar County MPO) must undergo a redesignation process due to a change in the composition of its policy board. Federal law requires the governor to approve the redesignation. The governor has delegated to the commission the responsibility for approving MPO redesignations. e. Highway Designation (1) Harris County - In the city of Houston, redesignate FM 525 as Farm to Market Spur 525 and extend the designation of Aldine Bender/FM 525 (MO) This minute order redesignates FM 525 as Farm to Market Spur 525 from the intersection of FM 525 and Lee Road to IH 69, a distance of approximately 0.4 mile and extends the designation of FM 525 from the intersection of FM 525 and Lee Road to Marine Road, a distance of 0.3 mile. (2) Harris County - In the city of Houston, designate existing roadway within Sheldon Lake State Park as Park Road 138 (MO) This minute order designates the existing roadway within Sheldon Lake State Park as Park Road 138 from the intersection of Business U.S. Highway 90-U to Garret Road, a distance of approximately 2.25 miles. f. Reports Accept the annual Inspection Report for the Central Texas Turnpike System (MO) The General Engineering Consultant's annual Inspection Report relates to the 2002 Project of the CTTS, a toll project composed of the SH 130, SH 45N, Loop 1, and SH 45SE project elements, and is required under the CTTS bond indenture. This report is required following each inspection and on or before the 90th day prior to the end of each fiscal year. g. 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.
20. 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 Page 9 Italicized text in document is provided for informational purposes only and is not part of the official posted agenda. 20. Executive Session Pursuant to Government Code, Chapter 551 (continued) b. Section 551.071 - Consultation with and advice from legal counsel regarding pending or contemplated litigation c. Section 551.072 - Discussion of the purchase, exchange, lease, or value of real property
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the April 4, 2014, special meeting, April 23, 2014, workshop meeting and the April 24, 2014, regular meeting of the Texas Transportation Commission
Update and discussion regarding the draft 2015-2019 TxDOT Strategic Plan (Presentation) As required by law, department staff has developed the 2015-2019 Strategic Plan. Staff will discuss the draft text of the primary components of that plan. In addition, staff will discuss the mission, vision, values, goals, objectives, agency-level performance measures, strategies, and key planning contextual information that will direct the department over the next five years.
Update and discussion regarding the development of TxDOT's Fiscal Year 2016-2017 Legislative Appropriations Request (Presentation) Staff will discuss the development of the LAR with the commission and seek direction on components of the LAR which include overall funding and FTE levels.
Overview of TxDOT-supported research at Texas A&M University-Kingsville related to the South Texas Natives Program The department will discuss the South Texas Natives Program, an initiative to develop and promote native plants for restoration and reclamation of habitats on private and public lands, through the Caesar Kleberg Wildlife Research Institute at Texas A&M University-Kingsville and its impact on the state highway system.
Aviation Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
Public Transportation a. Various Counties - Award federal §5304 and state match, §5311, §5311(f), Rural Transit Assistance Program funds for the FY 2014 coordinated call for projects, and award transportation development credits (MO) The awards identified in this minute order reflect the allocation of federal grant funds from several Federal Transit Administration programs and state match to various entities and public transportation providers responding to a coordinated program request for proposal. Transportation development credits are awarded to various agencies to assist with the match of federal funds for capital projects. b. Various Counties - Award federal §5311 funds, Formula Grants for Rural Areas Program, and transportation development credits to rural transit districts for FY 2014 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5311, Formula Grants for Rural Areas Program, and Transportation Development Credits to rural public transportation providers for a formula allocation based on vehicle revenue miles. c. Various Counties - Award federal §5311 funds, Formula Grants for Rural Areas Program, to rural transit districts for FY 2014 (MO) The awards identified in this minute order reflect an allocation of federal grant funds from the Federal Transit Administration §5311, Formula Grants for Rural Areas Program, to rural transit agencies to address impacts of the 2010 Census beyond the formula-based awards previously awarded by the Texas Transportation Commission in March 2014. d. Various Counties - Award federal §5310 funds, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, and award transportation development credits for FY 2014 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5310, Enhanced Mobility of Seniors and Individuals with Disabilities Program to various public transportation providers. Transportation development credits are awarded to various transportation agencies to assist with the match of federal funds for capital projects. e. Various Counties - Award state funds to public transportation providers for FY 2015 as appropriated by the 83rd Texas Legislature (MO) The awards identified in this minute order reflect the allocation of state grant funds from state appropriations to small urban and to rural public transportation providers. f. Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) This Minute Order awards Transportation Development Credits to Lower Rio Grande Valley Development Center, Golden Crescent Regional Planning Commission, Wichita Falls, Hill Country Transit District, and the City of Longview to assist with the match of federal funds for capital projects. g. Tarrant County - Award federal §5310 funds, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, to Mental Health and Mental Retardation of Tarrant County to continue a demonstration project for mobility management (MO) The award identified in this minute order from the federal §5310 program will continue funding for a mobility management demonstration project in areas of Tarrant County. Funding will cover administration and operating expense; and the expenses of evaluating and reporting on the services provided and their impact. Multiple project partners have committed to providing the local match requirement. h. Various Counties - Award state funds to Panhandle Community Services (MO) Recent fires in the Texas Panhandle have destroyed homes, infrastructure and impacted the lives of several of the residents. Many families have relocated in temporary housing with little to nothing left of their possessions, including their vehicles. The award identified in this minute order will provide financial assistance to the local rural transit provider to assist with the additional transportation needs of the displaced families.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) 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, §§21.433-21.435, §21.449, and §21.457 (Control of Signs Along Rural Roads) These amendments make minor or non-substantive 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. b. Proposed Adoption (1) Chapter 15 - Financing and Construction of Transportation Projects (MO) Amendments to §15.52, Agreements (Federal, State, and Local Participation). This proposed rulemaking would permit additional flexibility for districts to negotiate Advance Funding Agreements by revising when special approvals must be obtained. It would also add clarity regarding the factors to be considered by districts in allowing local governments to perform work and be reimbursed for that work. b. Proposed Adoption (continued) (2) Chapter 21 - Right of Way (MO) Amendments to §21.146, Exempt Signs, §21.187, Spacing of Signs, and §21.189, Sign Height Restrictions, (Regulation of Signs Along Interstate and Primary Highways); and §21.405, Exemptions, 21.429, Spacing of Signs (Control of Signs Along Rural Roads) These amendments propose changes to rules regulating signs along roadways in the state. They include changes being made in response to public comments that were received for the sign rules proposed in January 2014 and scheduled for final adoption this month and that were beyond the scope of that rulemaking. (3) Chapter 25 - Traffic Operations (MO) Amendments to §25.1, Uniform Traffic Control Devices (General) This amendment revises the Texas Manual on Uniform Traffic Control Devices adopted by reference in §25.1 to accommodate changing transportation needs, provide new traffic control tools and to clarify and maintain consistency with the National Manual on Uniform Traffic Control Devices.
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.
Policies for Financial Reports and Internal Control; Code of Ethics Revise directives related to incorporating the spirit of Sarbanes-Oxley into key financial reports and internal controls and the creation of a code of ethics for senior finance personnel (MO) Minute Order 111785, adopted by the commission in April 2009, directed the chief financial officer to: (1) develop and implement policies and procedures related to the certification of financial reports and the implementation and maintenance of internal controls; and (2) develop a code of ethics for senior finance personnel. The Finance Division has developed an approach to further implement the spirit of Sarbanes-Oxley which will strengthen the existing program and provide clarity on the division’s role in complying with the commission’s directives.
Toll Roads Travis County - Designate the SH 71 Toll Lanes Project from Presidential Boulevard to just east of SH 130 as a toll project on the state highway system (MO) The Texas Department of Transportation received final environmental clearance and a Finding of no significant impact on May 9, 2014. This minute order designates the SH 71 Toll Lanes Project from Presidential Boulevard to just east of SH 130 in Travis County as a toll project on the state highway system.
Comprehensive Development Agreements a. Dallas and Tarrant Counties - Approve the selection of the proposer that submitted the best value proposal to develop, finance, construct, operate, and maintain the SH 183 Managed Lanes Project in Dallas and Tarrant Counties, comprised of SH 183 from SH 121 to I-35E, including the proposed interchanges with Loop 12, SH 114, and Spur 482, and potentially SH 114 from International Parkway to Loop 12, and Loop 12 from SH 183 to I-35E, and authorize the executive director of the department to execute a comprehensive development agreement with the select proposer (MO) (Presentation) On November 7, 2013, the department issued a request for proposals to develop, finance, construct, and operate the SH 183 Managed Lanes project, a toll project in Dallas and Tarrant counties. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission. b. El Paso County - Approve the substantially final form of the comprehensive development agreement and the associated comprehensive maintenance agreement between the department and the selected best value proposer 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, including the comprehensive maintenance agreement, with the selected proposer (MO) On April 24, 2014, the department selected a best value proposer and conditionally awarded the comprehensive development agreement (CDA) for the Loop 375 Border Highway West Extension Project. The selected best value proposer employs a person who was the department’s executive director less than four years ago. In accordance with Texas Government Code §669.003, the department has notified the Legislative Budget Board that the commission will vote on entering into a contract with an entity that employs a person who was the department’s executive director in the last four years. The department is presenting the CDA and associated comprehensive maintenance agreement in its substantially final form to the commission for final approval.
Traffic Operations Highway Safety Plan - Approve funding for the 2015 Highway Safety Plan (MO) (Presentation) The department develops and implements an annual Highway Safety Plan (HSP). Federal funds are allocated by the National Highway Traffic Safety Administration and are used for traffic safety projects identified in the HSP. The HSP groups anticipated projects into focus-oriented program areas. This minute order lists the number of projects in each program area and the allocated amounts for FY 2015.
Toll Equity Smith County - North East Texas Regional Mobility Authority - Consider preliminary approval of a request from North East Texas Regional Mobility Authority (NET RMA) for financial assistance in the amount of $3,545,000 for the costs of acquisition and construction of toll equipment for Loop 49, locally known as Toll 49 (LP49) (MO) The NET RMA is requesting financial assistance in the form of a grant to pay for the costs of acquiring and constructing toll equipment for Segments 1, 2, 3A, and 5 of LP49. The project would convert the toll management system equipment to the same toll integrator for all segments of LP49 so the system can operate with greater efficiency.
State Infrastructure Bank Kaufman County - City of Kaufman - Consider granting final approval of an application from the City of Kaufman to borrow up to $5,000,000 from the State Infrastructure Bank (SIB) to pay for two projects: 1) 4-lane bypass around the City of Kaufman from the proposed interchange at US 175 to SH 243; and 2) 4 lane bypass around the City of Kaufman from 1.375 miles southwest of FM 1388 to south of the proposed interchange at US 175 (MO) The City of Kaufman is requesting SIB financial assistance to pay for City of Kaufman’s costs of construction of two new projects. The SIB loan will be secured by pledge of ad valorem taxes.
Toll Rates for DFW Connector Tarrant County - Implement a pilot program, during the first six months of operation, to establish scheduled increases in the surcharge over the ETC rate that is applied for the video rate for the DFW Connector Project, extending along SH 114 from SH 26 to 0.5 miles east of International Parkway in Tarrant County (MO) This minute order authorizes scheduled video surcharge increases, during the first six months of operation, for the DFW Connector Project, 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.
Professional Services Contracts Approval to exceed the contract term restrictions in 43 TAC §9.32(b)(1) for the procurement under indefinite deliverable contracts of procurement engineering services; general engineering consultant services; right-of-way acquisition and engineering services and right-of-way lease procurement services for projects developed under comprehensive development agreements, design-build agreements, or other innovatively funded or developed methods (MO) The expeditious delivery of Comprehensive Development Agreements, Design/Build, and other innovatively delivered projects will require the assistance and support of various consulting engineering contracts. This minute order authorizes the procurement of indefinite deliverable consultant contracts that will deliver and implement these projects.
Unified Transportation Program (UTP) Approve updates to the 2014 UTP (MO) (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The commission approved the 2014 UTP in August 2013 and revisions to the 2014 UTP in December 2013 and March 2014. This minute order updates allocations based on funds transfer requests in multiple categories and authorizes funding for project priorities in accordance with the funding availability established in the December 2013 Cashflow forecast. In addition, this minute order revises project specific program lists, incorporates information regarding transportation development credit awards and remaining balances, and includes minor revisions and technical corrections.
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)
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.
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) Baylor County - US 277, former railroad right of way south of Seymour - Consider the sale of right of way to the abutting landowners (MO) The district has determined that the railroad land is no longer needed for highway purposes. The abutting landowners have requested to purchase the land, and it may be sold to them. Routine Minute Orders (continued) b. Right of Way Dispositions and Donations (continued) (2) Gregg County - FM 1252, south side, near old SH 135 - Consider waiving a charge for the lease of right of way (MO) The district has determined that right of way may be leased to a school district for the purpose of installing a telecommunication line between school district facilities. The commission must find it to be in the public interest to waive the fair market value requirement for a lease for social purposes. (3) Harrison County - SH 154, old alignment at Little Cypress Creek north of Nesbitt - Consider the removal from the system of two segments on the old alignment and transfer of control, jurisdiction, and maintenance to the county, designation on a new location, and quitclaim of right of way to the county (MO) Two segments of the highway were realigned. Right of way on the old alignment is no longer needed for highway purposes. Portions of the right of way were acquired in the county’s name, and there is no record title to other portions. The district recommends removal of the old alignment and transfer of control, jurisdiction, and maintenance to the county, designation on the new location, and quitclaim of right of way on the old alignment to the county. (4) Howard County - US 87 at FM 700 in Big Spring - Consider the sale of right of way to the city of Big Spring (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. (5) McLennan County - FM 2837 at I-35 in Lorena - Consider the exchange of land and acceptance of a donation (MO) The district has advised that the existing right of way is no longer needed for highway purposes and that new right of way is needed for an improvement project. The existing land may be exchanged for the new land. The owner of the new land has agreed to donate the difference in value to the state. (6) Tarrant County - Rosedale Street at 7th Avenue in Fort Worth - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (7) Walker County - SH 19 in Huntsville - Consider the exchange of right of way with the city of Huntsville (MO) The district has determined that existing right of way is no longer needed for highway purposes. The city is willing to convey needed land to the state in exchange for the existing land. The state will pay the difference in value to the city. Routine Minute Orders (continued) c. Environmental Covenant Authorize the executive director to execute an environmental restrictive covenant, in favor of the Texas Commission on Environmental Quality (TCEQ) and the State of Texas, imposing certain restrictions on subsurface activities on a section of I-30 right-of-way between N. Cockrell Hill Road and N. Westmoreland Road, west of downtown Dallas (MO) The TxDOT restrictive covenant would be executed as part of a response action undertaken by TXI Operations, LP (TXI) to address contamination beneath property owned by TXI on the south side of I-30. The contamination is believed to be from a historic release of crude oil that occurred approximately 60 years ago. A portion of the contamination is present beneath TxDOT’s I-30 right-of-way. d. Transportation Planning Various Counties - Approve the redesignation of the Alamo Area Metropolitan Planning Organization (MPO) (MO) Pursuant to federal law, the Alamo Area MPO (formerly San Antonio-Bexar County MPO) must undergo a redesignation process due to a change in the composition of its policy board. Federal law requires the governor to approve the redesignation. The governor has delegated to the commission the responsibility for approving MPO redesignations. e. Highway Designation (1) Harris County - In the city of Houston, redesignate FM 525 as Farm to Market Spur 525 and extend the designation of Aldine Bender/FM 525 (MO) This minute order redesignates FM 525 as Farm to Market Spur 525 from the intersection of FM 525 and Lee Road to IH 69, a distance of approximately 0.4 mile and extends the designation of FM 525 from the intersection of FM 525 and Lee Road to Marine Road, a distance of 0.3 mile. (2) Harris County - In the city of Houston, designate existing roadway within Sheldon Lake State Park as Park Road 138 (MO) This minute order designates the existing roadway within Sheldon Lake State Park as Park Road 138 from the intersection of Business U.S. Highway 90-U to Garret Road, a distance of approximately 2.25 miles. f. Reports Accept the annual Inspection Report for the Central Texas Turnpike System (MO) The General Engineering Consultant's annual Inspection Report relates to the 2002 Project of the CTTS, a toll project composed of the SH 130, SH 45N, Loop 1, and SH 45SE project elements, and is required under the CTTS bond indenture. This report is required following each inspection and on or before the 90th day prior to the end of each fiscal year. g. 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.
20. 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 Page 9 Italicized text in document is provided for informational purposes only and is not part of the official posted agenda. 20. Executive Session Pursuant to Government Code, Chapter 551 (continued) b. Section 551.071 - Consultation with and advice from legal counsel regarding pending or contemplated litigation c. Section 551.072 - Discussion of the purchase, exchange, lease, or value of real property