Call to Order
Safety Briefing Staff will provide general safety instruction.
Commissioner Opening Statements
Commissioner Opening Statements
Approval of Minutes of the January 27, 2016, workshop meeting and the January 28, 2016, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Katharine "Katie" Nees, P.E., Director, Strategic Projects Division, for her 20 years of service to the state of Texas and the department
Unified Transportation Program Approve updates to the 2016 Unified Transportation Program (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August and revisions to the 2016 UTP in November 2015. This minute order updates funding allocations based on revised state and federal funding levels and authorizes funding on priority projects. This revision also authorizes funding initiatives to address statewide congestion relief, maintenance and energy sector, safety and connectivity, border infrastructure distribution, and the statewide ports program. In addition, this minute order addresses revisions to project specific program lists and includes other minor revisions or technical corrections. This minute order also includes a report on transportation development credit balances and all administrative revisions previously incorporated into the UTP.
Update on HB 20 (Presentation) Update on the development of the Preliminary Report for HB 20 that will be submitted to the legislature on March 31st. Discussion will include an overview of specific sections to be included in the report and next steps in the HB 20 process.
Express Lanes Project Dallas County - Consider the approval of the department’s determination to exercise its option to develop, finance, construct, and operate interim upgrades to the I-635 East corridor, providing for the implementation of tolled express lanes on I-635 East along the existing high occupancy vehicle corridor from east of US 75 to I-30 (I-635 East Express Lanes Project), and designate the project as a toll project on the state highway system
TxDOT Bicycle Strategic Direction Report (Presentation) Mr. Billy Hibbs, chair of the department’s Bicycle Advisory Committee, will present highlights from the recently developed TxDOT Bicycle Strategic Direction Report. This is the department’s first bicycle planning report, intended to provide guidance for enhancing the bicycle program within TxDOT.
Adopt the department's strategic values, vision and mission statements, and goals and objectives (MO) The values, vision, and mission statements and goals and objectives, discussed at the January commission workshop, are being proposed for adoption as the foundation for the department's 2017-2021 Strategic Plan update.
Advisory Committee Appointment Appoint members to the I-69 Corridor Advisory Committee (MO) The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-69 corridor and in the establishment of development plans for that corridor. This minute order re-appoints several members of the committee and appoints new and replacement members.
County Toll Authorities Harris County - Authorize the executive director of the department to enter into an agreement with Harris County pursuant to Transportation Code, §373.006 and §373.103 for the use of state owned right of way by Harris County to develop, construct, operate, and maintain a toll project in the median of SH 249 between Brown Road and Spring Creek, as part of the Harris County road system and, pursuant to Transportation Code, §284.008(d), approve Harris County’s request that the toll project not become part of the state highway system (MO)
Public Transportation a. Various Counties - Rescind Minute Order 114310, dated July 30, 2015, and award federal §5304 Statewide and Nonmetropolitan Transportation Planning Program funds and state matching funds, federal §5311 Formula Grants for Rural Areas Program funds, federal §5311(f) Formula Grants for Rural Areas Intercity Bus Transportation Program funds, federal §5311(b)(3) Rural Transit Assistance Program funds, and state grant funds for the FY 2015 coordinated call for projects, and award transportation development credits (MO) (Presentation) Under Minute Order 114310, the commission awarded federal and state funds and transportation development credits to various transit providers. Due to an additional award of discretionary funds from the Federal Transit Administration for some of the same projects awarded in MO 114310, it is necessary to rescind the previous awards. 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 and state funds and transportation development credits to selected rural transportation providers to purchase public transportation vehicles and construct four transit facilities (MO) The Federal Transit Administration has announced grant awards from a national competition for federal funds under the Transportation Investment Generating Economic Recovery (TIGER) program. The awards identified in this minute order reflect the distribution of a portion of the $20.8 million awarded to the state through the TIGER program, $10.1 million in federal §5339 funds flexed from the Surface Transportation Program – Statewide program with transportation development credits awarded as match, and $5.2 million in state funds. The funds will be used to improve the condition of Texas' rural transit services by replacing the most depreciated vehicles from the current rural transit fleet and supporting construction of four passenger facilities which will improve mobility though enhanced multimodal connections.
Various Counties - Award transportation development credits to transit agencies for public transportation projects (MO)
Various Counties - Award federal and state funds to designated lead agencies to support continuation of coordinated regional public transportation planning for FY 2016 and FY 2017 (MO)
McLennan County - Award §5311(b)(3) Rural Transit Assistance Program funds to the City of Waco to offset expenses for the 2016 Texas Transit Association Bus Roadeo, Conference, and Expo (MO) The awards identified in this minute order support the 2016 Texas Transit Association Bus Rodeo, Conference, and Expo. Grant awards are being provided to the City of Waco for their specific role in this event to provide training, technical assistance, and logistical support.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption a. Chapter 1 - Management Amendments to §1.29, Notice of Hearing, §1.37, Notification of Decision, and §1.38, Motions for Rehearing (Procedures in Contested Case)(MO) These amendments implement changes made by S.B. No. 1267, 84th Regular Session, 2015, to the Texas Administrative Procedure Act relating to the requirements for notice of a contested case hearing, the decision in a contested case, and motion for rehearing of the decision in a contested case.
Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.52, Agreements (Federal, State, and Local Participation) (MO) These amendments change wording in the rule to be consistent with the wording in federal regulations and wording used within associated federal programs, make a technical correction to a citation within the rules, and provide that for the specified percentage payment and periodic payment methods used in joint participation agreements, the local government, rather than the department, is responsible for payment of costs that exceed the estimated funding costs.
State Infrastructure Bank a. Nueces County - Nueces County - Consider final approval of a request from Nueces County for a State Infrastructure Bank loan in the amount of up to $12,000,000 to pay for the county’s cost participation in the Harbor Bridge Project (MO) The SIB loan will be secured by a pledge of property taxes. The Project includes the construction of the New Harbor Bridge and portions of US Highway 181, Interstate Highway 37 (I-37), Crosstown Expressway, the connection of Upper and Lower Broadway Street to I-37 and the demolition of the existing Harbor Bridge in Corpus Christi, Texas.
San Patricio County - San Patricio County - Consider final approval of a request from San Patricio County for a State Infrastructure Bank loan in the amount of up to $12,000,000 to pay for the county’s cost participation in the Harbor Bridge Project (MO) The SIB loan will be secured by a pledge of property taxes. The Project includes the construction of the New Harbor Bridge and portions of US Highway 181, Interstate Highway 37 (I-37), Crosstown Expressway, the connection of Upper and Lower Broadway Street to I-37 and the demolition of the existing Harbor Bridge in Corpus Christi, Texas.
Toll Operations Dallas and Tarrant Counties - In accordance with Regional Transportation Council policy, establish toll rates for the I-30 Managed Lanes Project from west of Center Street in Tarrant County to east of Sylvan Avenue in Dallas County (MO) The I-30 Managed Lanes Project includes one concurrent flow managed tolled lane in each direction along I-30 from west of Center Street to west of SH 161, and two reversible managed tolled lanes from west of SH 161 to east of Sylvan Avenue. The I-30 Managed Lanes Project is an all-electronic, open road tolling managed lane facility.
Galveston County - OAD Outdoor Advertising Display, Inc. v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning cancellation of outdoor advertising permits, final order (MO) The executive director issued an order that canceled Outdoor Advertising Permit Nos. 84267 and 84268 located along Interstate Highway 45 near La Marque, Texas. The State Office of Administrative Hearings recommends that the case be dismissed as moot.
Cameron County - Texas Department of Transportation v. Whalen’s Furniture, Inc. - Consider action on proposal for decision by administrative law judge concerning cancellation of an outdoor advertising permit, final order (MO) The executive director issued an order that canceled Outdoor Advertising Permit No. 44760 located on State Highway 83 in Cameron County near Harlingen, Texas. The State Office of Administrative Hearings recommends that the permit be canceled.
Purchase Order Amendment a. Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the purchase of additional bulk and brine quality sodium chloride (salt) for roadway maintenance statewide during the winter season (MO) This minute order proposes an amendment to a purchase order awarded under Government Code, Chapter 2155 for the purchase of additional bulk and brine quality sodium chloride (salt) for roadway maintenance statewide during the winter season. The terms of the purchase order allow the amendment being proposed. Section 2155.088, Government Code, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the purchase of additional bulk fuel dyed diesel for the Galveston Ferry Operation’s ferry boats operating daily between Galveston and Port Bolivar Peninsula (MO) This minute order proposes an amendment to a purchase order awarded under Government Code, Chapter 2155 for the purchase of additional bulk fuel dyed diesel for the Galveston Ferry Operation’s ferry boats operating daily between Galveston and Port Bolivar Peninsula. The terms of the purchase order allow the amendment being proposed. Section 2155.088, Government Code, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
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)
Highway and Transportation Enhancement Building Construction (see attached itemized list)
Highway and Transportation Enhancement Building Construction Rescind award of and reject Brazos County Project ITS 2001(537), previously awarded January 28, 2016 by Minute Order 114477, and Bell County Projects, C 398-4-59 and NH 2015(598), previously awarded June 25, 2015 by Minute Order 114292 (see attached itemized list)
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 itemized list)
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) b. Real Estate Donations Various Districts - Consider for acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for purposes of constructing, maintaining, widening, straightening, or extending the state highway system. (See attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. c. Real Estate Dispositions 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) Dallas County - FM 1382 at Pleasant Run Road in Cedar Hill - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land. Another abutting landowner has waived interest in purchasing the land, and it may be sold to the requester. (2) Dallas County - SH 66, east of N. Country Club Road in Garland - Consider the sale of a former maintenance site and improvements (MO) The district has determined that the site is no longer needed for highway purposes. The city has requested to purchase the property, and it may be sold to the city. (3) Eastland County - SH 6 at FM 8 in Gorman - Consider the sale of right of way to the Gorman Economic Development Corporation (MO) The district has determined that the land is no longer needed for highway purposes. . The Gorman Economic Development Corporation (EDC), an entity of the City of Gorman, has requested to purchase the land, and it may be sold to EDC. (4) Fort Bend County - I-69 at University Boulevard in Sugar Land - Consider the sale of right of way to the city of Sugar Land (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) Hays County - US 290, north side, east of Polo Club Drive - Consider the exchange of drainage easements (MO) The owner of the property desires to relocate the drainage facility to better accommodate proposed development of the property. The district has determined that the drainage facility may be relocated, and the owner has granted new drainage easements in exchange for the existing drainage easement. (6) Rusk County - Farm to Market Road 2658 Supersedes prior Minute Order 113687, dated August 29, 2013, to allow the department to accept a performance bond or alternative security in order to release surplus property to donor and allow for conveyance of deed to donor (MO) This earlier donation allowed the department to swap state ROW-upon which the current FM 2658 was built-for a new highway facility built by the donor on its land. After completion, the FM Road would be re-routed onto the newly constructed route. The project is not entirely completed, although traffic now travels on the new facility. Donor wants to take possession of the former highway site prior to the final completion of the project. This MO would allow the department to accept alternative value to secure completion of new FM 2658 and allow for the transfer prior to official completion, contingent upon donor’s providing sufficient alternative value to guarantee completion in the near future. d. 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. e. Reports (1) Compliance Office Compliance Office 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. (2) Travis and Williamson Counties - Accept the report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) (MO) Report of actual traffic and revenue for the CTTS as of November 30, 2015. (3) Grand Parkway Transportation Corporation Annual report on the status of projects and activities undertaken by the Grand Parkway Transportation Corporation (Report) The commission’s rules (43 Texas Administrative Code §15.90) require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Transportation Corporation is making this annual presentation to satisfy this requirement. f. Transportation Planning Various Counties - Approve the Fiscal Year 2015 Annual Report on the Economically Disadvantaged Counties Program (MO) This report documents the use of matching funds and local incentives as well as the savings to counties participating in the Economically Disadvantaged Counties Program. State law requires the commission to provide an annual report on the program to the governor, the lieutenant governor and the speaker of the House of Representatives. 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.
OPEN COMMENT PERIOD - 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.
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, pending or contemplated litigation, or other legal matters. b. Section 551.072 - Discuss the purchase, exchange, lease, or value of real property for the relocation of the department’s Austin facilities. c. Section 551.076 - Deliberate on the use of security personnel or devices on department property and at meetings held by the commission or department personnel. ADJOURN
Call to Order
Safety Briefing Staff will provide general safety instruction.
Commissioner Opening Statements
Commissioner Opening Statements
Approval of Minutes of the January 27, 2016, workshop meeting and the January 28, 2016, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Katharine "Katie" Nees, P.E., Director, Strategic Projects Division, for her 20 years of service to the state of Texas and the department
Unified Transportation Program Approve updates to the 2016 Unified Transportation Program (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August and revisions to the 2016 UTP in November 2015. This minute order updates funding allocations based on revised state and federal funding levels and authorizes funding on priority projects. This revision also authorizes funding initiatives to address statewide congestion relief, maintenance and energy sector, safety and connectivity, border infrastructure distribution, and the statewide ports program. In addition, this minute order addresses revisions to project specific program lists and includes other minor revisions or technical corrections. This minute order also includes a report on transportation development credit balances and all administrative revisions previously incorporated into the UTP.
Update on HB 20 (Presentation) Update on the development of the Preliminary Report for HB 20 that will be submitted to the legislature on March 31st. Discussion will include an overview of specific sections to be included in the report and next steps in the HB 20 process.
Express Lanes Project Dallas County - Consider the approval of the department’s determination to exercise its option to develop, finance, construct, and operate interim upgrades to the I-635 East corridor, providing for the implementation of tolled express lanes on I-635 East along the existing high occupancy vehicle corridor from east of US 75 to I-30 (I-635 East Express Lanes Project), and designate the project as a toll project on the state highway system
TxDOT Bicycle Strategic Direction Report (Presentation) Mr. Billy Hibbs, chair of the department’s Bicycle Advisory Committee, will present highlights from the recently developed TxDOT Bicycle Strategic Direction Report. This is the department’s first bicycle planning report, intended to provide guidance for enhancing the bicycle program within TxDOT.
Adopt the department's strategic values, vision and mission statements, and goals and objectives (MO) The values, vision, and mission statements and goals and objectives, discussed at the January commission workshop, are being proposed for adoption as the foundation for the department's 2017-2021 Strategic Plan update.
Advisory Committee Appointment Appoint members to the I-69 Corridor Advisory Committee (MO) The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-69 corridor and in the establishment of development plans for that corridor. This minute order re-appoints several members of the committee and appoints new and replacement members.
County Toll Authorities Harris County - Authorize the executive director of the department to enter into an agreement with Harris County pursuant to Transportation Code, §373.006 and §373.103 for the use of state owned right of way by Harris County to develop, construct, operate, and maintain a toll project in the median of SH 249 between Brown Road and Spring Creek, as part of the Harris County road system and, pursuant to Transportation Code, §284.008(d), approve Harris County’s request that the toll project not become part of the state highway system (MO)
Public Transportation a. Various Counties - Rescind Minute Order 114310, dated July 30, 2015, and award federal §5304 Statewide and Nonmetropolitan Transportation Planning Program funds and state matching funds, federal §5311 Formula Grants for Rural Areas Program funds, federal §5311(f) Formula Grants for Rural Areas Intercity Bus Transportation Program funds, federal §5311(b)(3) Rural Transit Assistance Program funds, and state grant funds for the FY 2015 coordinated call for projects, and award transportation development credits (MO) (Presentation) Under Minute Order 114310, the commission awarded federal and state funds and transportation development credits to various transit providers. Due to an additional award of discretionary funds from the Federal Transit Administration for some of the same projects awarded in MO 114310, it is necessary to rescind the previous awards. 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 and state funds and transportation development credits to selected rural transportation providers to purchase public transportation vehicles and construct four transit facilities (MO) The Federal Transit Administration has announced grant awards from a national competition for federal funds under the Transportation Investment Generating Economic Recovery (TIGER) program. The awards identified in this minute order reflect the distribution of a portion of the $20.8 million awarded to the state through the TIGER program, $10.1 million in federal §5339 funds flexed from the Surface Transportation Program – Statewide program with transportation development credits awarded as match, and $5.2 million in state funds. The funds will be used to improve the condition of Texas' rural transit services by replacing the most depreciated vehicles from the current rural transit fleet and supporting construction of four passenger facilities which will improve mobility though enhanced multimodal connections.
Various Counties - Award transportation development credits to transit agencies for public transportation projects (MO)
Various Counties - Award federal and state funds to designated lead agencies to support continuation of coordinated regional public transportation planning for FY 2016 and FY 2017 (MO)
McLennan County - Award §5311(b)(3) Rural Transit Assistance Program funds to the City of Waco to offset expenses for the 2016 Texas Transit Association Bus Roadeo, Conference, and Expo (MO) The awards identified in this minute order support the 2016 Texas Transit Association Bus Rodeo, Conference, and Expo. Grant awards are being provided to the City of Waco for their specific role in this event to provide training, technical assistance, and logistical support.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption a. Chapter 1 - Management Amendments to §1.29, Notice of Hearing, §1.37, Notification of Decision, and §1.38, Motions for Rehearing (Procedures in Contested Case)(MO) These amendments implement changes made by S.B. No. 1267, 84th Regular Session, 2015, to the Texas Administrative Procedure Act relating to the requirements for notice of a contested case hearing, the decision in a contested case, and motion for rehearing of the decision in a contested case.
Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.52, Agreements (Federal, State, and Local Participation) (MO) These amendments change wording in the rule to be consistent with the wording in federal regulations and wording used within associated federal programs, make a technical correction to a citation within the rules, and provide that for the specified percentage payment and periodic payment methods used in joint participation agreements, the local government, rather than the department, is responsible for payment of costs that exceed the estimated funding costs.
State Infrastructure Bank a. Nueces County - Nueces County - Consider final approval of a request from Nueces County for a State Infrastructure Bank loan in the amount of up to $12,000,000 to pay for the county’s cost participation in the Harbor Bridge Project (MO) The SIB loan will be secured by a pledge of property taxes. The Project includes the construction of the New Harbor Bridge and portions of US Highway 181, Interstate Highway 37 (I-37), Crosstown Expressway, the connection of Upper and Lower Broadway Street to I-37 and the demolition of the existing Harbor Bridge in Corpus Christi, Texas.
San Patricio County - San Patricio County - Consider final approval of a request from San Patricio County for a State Infrastructure Bank loan in the amount of up to $12,000,000 to pay for the county’s cost participation in the Harbor Bridge Project (MO) The SIB loan will be secured by a pledge of property taxes. The Project includes the construction of the New Harbor Bridge and portions of US Highway 181, Interstate Highway 37 (I-37), Crosstown Expressway, the connection of Upper and Lower Broadway Street to I-37 and the demolition of the existing Harbor Bridge in Corpus Christi, Texas.
Toll Operations Dallas and Tarrant Counties - In accordance with Regional Transportation Council policy, establish toll rates for the I-30 Managed Lanes Project from west of Center Street in Tarrant County to east of Sylvan Avenue in Dallas County (MO) The I-30 Managed Lanes Project includes one concurrent flow managed tolled lane in each direction along I-30 from west of Center Street to west of SH 161, and two reversible managed tolled lanes from west of SH 161 to east of Sylvan Avenue. The I-30 Managed Lanes Project is an all-electronic, open road tolling managed lane facility.
Galveston County - OAD Outdoor Advertising Display, Inc. v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning cancellation of outdoor advertising permits, final order (MO) The executive director issued an order that canceled Outdoor Advertising Permit Nos. 84267 and 84268 located along Interstate Highway 45 near La Marque, Texas. The State Office of Administrative Hearings recommends that the case be dismissed as moot.
Cameron County - Texas Department of Transportation v. Whalen’s Furniture, Inc. - Consider action on proposal for decision by administrative law judge concerning cancellation of an outdoor advertising permit, final order (MO) The executive director issued an order that canceled Outdoor Advertising Permit No. 44760 located on State Highway 83 in Cameron County near Harlingen, Texas. The State Office of Administrative Hearings recommends that the permit be canceled.
Purchase Order Amendment a. Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the purchase of additional bulk and brine quality sodium chloride (salt) for roadway maintenance statewide during the winter season (MO) This minute order proposes an amendment to a purchase order awarded under Government Code, Chapter 2155 for the purchase of additional bulk and brine quality sodium chloride (salt) for roadway maintenance statewide during the winter season. The terms of the purchase order allow the amendment being proposed. Section 2155.088, Government Code, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the purchase of additional bulk fuel dyed diesel for the Galveston Ferry Operation’s ferry boats operating daily between Galveston and Port Bolivar Peninsula (MO) This minute order proposes an amendment to a purchase order awarded under Government Code, Chapter 2155 for the purchase of additional bulk fuel dyed diesel for the Galveston Ferry Operation’s ferry boats operating daily between Galveston and Port Bolivar Peninsula. The terms of the purchase order allow the amendment being proposed. Section 2155.088, Government Code, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
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)
Highway and Transportation Enhancement Building Construction (see attached itemized list)
Highway and Transportation Enhancement Building Construction Rescind award of and reject Brazos County Project ITS 2001(537), previously awarded January 28, 2016 by Minute Order 114477, and Bell County Projects, C 398-4-59 and NH 2015(598), previously awarded June 25, 2015 by Minute Order 114292 (see attached itemized list)
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 itemized list)
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) b. Real Estate Donations Various Districts - Consider for acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for purposes of constructing, maintaining, widening, straightening, or extending the state highway system. (See attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. c. Real Estate Dispositions 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) Dallas County - FM 1382 at Pleasant Run Road in Cedar Hill - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land. Another abutting landowner has waived interest in purchasing the land, and it may be sold to the requester. (2) Dallas County - SH 66, east of N. Country Club Road in Garland - Consider the sale of a former maintenance site and improvements (MO) The district has determined that the site is no longer needed for highway purposes. The city has requested to purchase the property, and it may be sold to the city. (3) Eastland County - SH 6 at FM 8 in Gorman - Consider the sale of right of way to the Gorman Economic Development Corporation (MO) The district has determined that the land is no longer needed for highway purposes. . The Gorman Economic Development Corporation (EDC), an entity of the City of Gorman, has requested to purchase the land, and it may be sold to EDC. (4) Fort Bend County - I-69 at University Boulevard in Sugar Land - Consider the sale of right of way to the city of Sugar Land (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) Hays County - US 290, north side, east of Polo Club Drive - Consider the exchange of drainage easements (MO) The owner of the property desires to relocate the drainage facility to better accommodate proposed development of the property. The district has determined that the drainage facility may be relocated, and the owner has granted new drainage easements in exchange for the existing drainage easement. (6) Rusk County - Farm to Market Road 2658 Supersedes prior Minute Order 113687, dated August 29, 2013, to allow the department to accept a performance bond or alternative security in order to release surplus property to donor and allow for conveyance of deed to donor (MO) This earlier donation allowed the department to swap state ROW-upon which the current FM 2658 was built-for a new highway facility built by the donor on its land. After completion, the FM Road would be re-routed onto the newly constructed route. The project is not entirely completed, although traffic now travels on the new facility. Donor wants to take possession of the former highway site prior to the final completion of the project. This MO would allow the department to accept alternative value to secure completion of new FM 2658 and allow for the transfer prior to official completion, contingent upon donor’s providing sufficient alternative value to guarantee completion in the near future. d. 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. e. Reports (1) Compliance Office Compliance Office 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. (2) Travis and Williamson Counties - Accept the report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) (MO) Report of actual traffic and revenue for the CTTS as of November 30, 2015. (3) Grand Parkway Transportation Corporation Annual report on the status of projects and activities undertaken by the Grand Parkway Transportation Corporation (Report) The commission’s rules (43 Texas Administrative Code §15.90) require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Transportation Corporation is making this annual presentation to satisfy this requirement. f. Transportation Planning Various Counties - Approve the Fiscal Year 2015 Annual Report on the Economically Disadvantaged Counties Program (MO) This report documents the use of matching funds and local incentives as well as the savings to counties participating in the Economically Disadvantaged Counties Program. State law requires the commission to provide an annual report on the program to the governor, the lieutenant governor and the speaker of the House of Representatives. 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.
OPEN COMMENT PERIOD - 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.
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, pending or contemplated litigation, or other legal matters. b. Section 551.072 - Discuss the purchase, exchange, lease, or value of real property for the relocation of the department’s Austin facilities. c. Section 551.076 - Deliberate on the use of security personnel or devices on department property and at meetings held by the commission or department personnel. ADJOURN