9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the May 26, 2016, regular meeting of the Texas Transportation Commission
Traffic Operations Harris County - Designation of SH 99 as Mayor Bob Lanier Memorial Parkway (MO) This minute order authorizes the Executive Director to enter into an agreement with Harris County to facilitate the posting of signs on SH 99 for Mayor Bob Lanier Memorial Parkway.
Commissioner Opening Statements
Commissioner Opening Statements
Open Comment Period (Part 1 of 2)
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.
Acknowledgment of Service Recognize by resolution John P. Campbell, P.E., former Right of Way Division Director, for his nearly 27 years of service to the department
Discussion Items Texas Traffic Safety Task Force Report (Presentation) In August 2015, the commission established the Texas Traffic Safety Task Force to identify best practice recommendations and new ideas to reduce Texas highway fatalities, injuries, and crashes. Staff will provide an update on the work of the task force.
Legislative Appropriations Request (LAR) Discussion regarding the development of the Texas Department of Transportation's Fiscal Year 2018-2019 LAR (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.
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 Various Counties - Award state funds to public transportation providers for FY 2016 as appropriated by the 84th 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.
Various Counties - Award federal §5304 Statewide and Nonmetropolitan Transportation Planning Program funds and state match, 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 2016 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.
Various Counties - Award federal §5311 Formula Grants for Rural Areas Program funds and transportation development credits to rural transit districts for FY 2016 (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.
Various Counties - Award federal §5310 Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program funds and transportation development credits for FY 2016 (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.
Various Counties - Award federal §5339 Bus and Bus Facilities Program funds and transportation development credits to transportation providers for bus and bus facilities capital program purposes (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5339 Bus and Bus Facilities 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.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 2 - Environmental Review of Transportation Projects Amendments to §§2.1, 2.3, 2.5, 2.11, and 2.14 (General Provisions), §§2.44, 2.48, 2.49, and 2.50 (Environmental Review Process for Highway Projects), §§2.81, 2.83, 2.84, and 2.85 (Requirements for Classes of Projects), §§2.102, 2.104, 2.105, 2.106, 2.107, 2.108, and 2.110 (Public Participation), and §2.131 (Requirements for Specific Types of Projects and Programs) (MO) These amendments add additional flexibility in certain areas of and clarity to the environmental review process, and further streamline and improve the environmental review process.
Chapter 6 - State Infrastructure Bank Repeal of §6.24, Suspension of Applications (Procedures), Amendments to §§6.31, Department Action, and 6.32, Commission Action (Department and Commission Action) (MO) The rulemaking implements new procedures for the commission’s consideration of applications so that the department may more effectively manage the available funds in the state infrastructure bank in accordance with the directives of the commission.
Chapter 7 - Rail Facilities Amendments to §§7.31, 7.33, 7.34, and 7.36 (Rail Safety) (MO) The amendments clarify department policy in regard to obtaining a waiver of provisions for the clearance of structures over and alongside railway tracks. The amendments also add references to the governing statutes and update department contact information.
Chapter 9 - Contract and Grant Management Amendments to §§9.31, 9.32, 9.34, 9.35, 9.37, and 9.41 (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments implement changes to the procurement process to be consistent with recently adopted federal regulations, 23 CFR Part 172, which include the addition of a request for proposal in the federal procurement process and the limiting of the contract term of an indefinite deliverable contract, including a new multi-phase contract type. The amendments also correct citation errors and certain terminology used in the rules.
Financial Assistance for Projects Cancellation of Pass-through Agreements Hood County - Hood County - Consider (1) rescinding part of Minute Order 112755 to cancel the authority to enter into a $20,554,000 pass-through agreement with Hood County for the construction of US 377 in the City of Cresson; and (2) removing $20,554,000 from the allocation of funds in the pass-through program call approved in Minute Order 112685 (MO) This minute order rescinds part of Minute Orders 112755 and 112685 to cancel the commission’s approval of a pass through agreement for the US 377 project and removes from the pass-through program the $20,554,000 that was allocated to this project.
Kaufman County - City of Forney - Consider (1) rescinding part of Minute Order 112755 to cancel the authority to enter into a $13,400,000 pass-through agreement with the City of Forney to widen FM 1641 from a 2 lane roadway to a 4 lane roadway; and (2) removing $13,400,000 from the allocation of funds in the pass-through program call approved in Minute Order 112685 (MO) This minute order rescinds part of Minute Orders 112755 and 112685 to cancel the commission’s approval of a pass through agreement for the FM 1641 project and removes from the pass-through program the $13,400,000 that was allocated to this project.
Consider approval of HB 2612 Toll Debt Reduction Criteria (MO) HB 2612 requires that the commission provide criteria to identify bonds issued for toll projects that would be appropriate for accelerated or complete lump-sum payment of debt service.
Traffic Operations McLennan and Hill Counties - Approve proposed lane use restriction for trucks on I-35 in McLennan and Hill Counties (MO) Transportation Code 545.0651 authorizes the commission to restrict a class of vehicles to two or more lanes of a highway. This minute order establishes a restriction for trucks using designated sections of I-35 in McLennan and Hill Counties. The department worked in conjunction with local jurisdictions in McLennan and Hill Counties to develop the proposed lane restrictions.
Request for Approval of Rail Clearance Deviations (MO) This minute order authorizes approval of two applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The applications are from the Fort Worth Transportation Authority and the ADM Grain Co in Hereford. The department has reviewed the applications and seeks approval of these waivers.
Regional Mobility Authority Hidalgo County - Hidalgo County Regional Mobility Authority - Consider rescission of the prior designation of SH 365 as part of the state highway system; consider removal of the deadline that the HCRMA begin construction of SH 365 by August 31, 2016; consider approval of the termination of the Market Valuation Waiver Agreement between the department and the HCRMA; and consider approval of a request from the HCRMA to connect the 365 Toll Project with the state highway system (MO) The 365 Toll Project includes the construction of Segments 1 and 2 of SH 365 as toll improvements from FM 396 (Anzalduas Highway) to US 281 (Military Highway). The commission had previously designated SH 365 as a project on the state highway system and set a deadline of August 31, 2016 for the HCRMA to begin construction. The HCRMA previously exercised primacy under a market valuation waiver agreement with the department. The HCRMA has since exercised primacy under chapter 373 of the Texas Transportation Code, and the parties now wish to terminate that agreement. Further, this action will remove SH 365 from the state highway system, approve the connection of the 365 Toll Project with the state highway system, and remove the deadline for the HCRMA to begin construction.
Smith County - North East Texas Mobility Authority (NETRMA) - Approve the connection of the Toll 49 Segment 4 project to the State Highway System; approve the waiver of the requirement that the NETRMA reimburse the department for the use of department right-of-way; and authorize the Executive Director to enter into a project development agreement with the NETRMA for the project (MO) This minute order approves the North East Texas Regional Mobility Authority’s construction of a new tolled Segment 4 that will extend the current Toll 49 Highway System and will connect to the State Highway System. The Toll 49 Segment 4 project is approximately 7 miles in length and consists of one tolled lane in each direction from US 69 north of Lindale southerly to I-20 in Smith County. The project will use parts of department right-of-way to connect to existing department facilities, and this minute order waives the requirement that the NETRMA reimburse the department for that use of department right-of-way. This minute order also authorizes the Executive Director to enter into a project development agreement with the NETRMA for the project.
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) (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.
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. Highway Maintenance and Department Building Construction (see attached itemized list) (MO)
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Routine Minute Orders and Reports 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. 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) Bell County - FM 2305 east of SH 317 in Temple - Consider the removal of the old alignment from the system and designation on a new location; also consider the transfer and quitclaim of right of way to the City of Temple (city) (MO) The highway has been located on a new alignment, and the district has determined that the old alignment is no longer needed as part of the system. The city has maintained and will continue to maintain the roadway on the old alignment. Some of the right of way was acquired in the state’s name, and the rest has no record title. The city has requested the removal and designation on the new location. The state-owned right of way may be transferred to the city to remain in use for public road purposes, and the no-title land may be quitclaimed to the city. (2) Chambers County - FM 3360 in Mont Belvieu - Consider the removal from the system, transfer of control, jurisdiction, and maintenance to the City of Mont Belvieu (city), and quitclaim of right of way to Chambers County (county) (MO) The district has determined that the highway is no longer needed as part of the system. The city has agreed to assume control, jurisdiction, and maintenance. The right of way was acquired in the county’s name. Control, jurisdiction, and maintenance may be transferred to the city, and the state’s interest in the right of way may be quitclaimed to the county. (3) Dallas County - I-635 at US 75 and Coit Road in Dallas - Consider the sale of right of way (Tracts 1 and 2) to the successful bidder (MO) The district has determined that the land is no longer needed for highway purposes. The local governmental entities and abutting landowners declined interest in purchasing the land, and it was advertised for sale by sealed bid. A successful bidder has been identified, and the site and improvements may be sold to the successful bidder. (4) Denton County - FM 426, along McKinney Street in Denton - Consider the removal from the system and transfer of right of way to the City of Denton (city) (MO) The district has determined that a segment of the highway is no longer needed as part of the system. The city has agreed to assume control, jurisdiction, and maintenance. The right of way may be transferred to the city to remain in use for public road purposes. (5) Harrison County - FM 450 at Little Cypress Creek - Consider the removal of the old alignment from the system, designation on a new location, transfer control, jurisdiction, and maintenance to the county, and transfer of right of way to the county (MO) The highway has been realigned, and the district has determined that a segment of the highway is no longer needed as part of the system. The county has agreed to assume control, jurisdiction, and maintenance and has requested that the real property on the old alignment be transferred to the city. The real property may be transferred to the city to remain in use for public road purposes. (6) Lubbock County - SL 289, southwest corner at SH 114 in Lubbock - Consider the sale of right of way to the successful bidder (MO) The district has determined that the land is no longer needed for highway purposes. The local governmental entities and abutting landowners declined interest in purchasing the land, and it was advertised for sale by sealed bid. A successful bidder has been identified, and the site and improvements may be sold to the successful bidder. (7) Lubbock County - US 82, Santa Fe Drive at 2nd Place in Lubbock - Consider the sale of former railroad 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 owner. (8) Travis County - SL 360, northeast corner at Ben White/S. Lamar Blvd. in Austin - 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 owner. d. Reports (1) Compliance Division report State law requires the commission to establish a compliance program, which must include a compliance division to oversee the program. The Compliance Division 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 Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. (2) Report of Environmental Review of Projects - Semiannual report on projects being processed under the department’s environmental review process (MO) This report is being submitted under Transportation Code, §201.762(a), which requires the department to submit to the commission twice a year a report that identifies projects being processed under the department’s environmental review process. (3) Report of the use of appropriated funds to pay salaries or benefits of specified employees (MO) The General Appropriations Act requires a state agency to report to the Governor and Legislative Budget Board the use of appropriated funds to pay salaries or benefits of certain employees if the number of full-time equivalent employees (FTEs) in a fiscal quarter exceeds the number of FTEs set for the agency in that act. By this minute order the commission approves the department’s report for the third quarter of the state’s fiscal year. e. 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.
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Open Comment Period (Part 2 of 2)
At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the May 26, 2016, regular meeting of the Texas Transportation Commission
Traffic Operations Harris County - Designation of SH 99 as Mayor Bob Lanier Memorial Parkway (MO) This minute order authorizes the Executive Director to enter into an agreement with Harris County to facilitate the posting of signs on SH 99 for Mayor Bob Lanier Memorial Parkway.
Commissioner Opening Statements
Commissioner Opening Statements
Open Comment Period (Part 1 of 2)
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.
Acknowledgment of Service Recognize by resolution John P. Campbell, P.E., former Right of Way Division Director, for his nearly 27 years of service to the department
Discussion Items Texas Traffic Safety Task Force Report (Presentation) In August 2015, the commission established the Texas Traffic Safety Task Force to identify best practice recommendations and new ideas to reduce Texas highway fatalities, injuries, and crashes. Staff will provide an update on the work of the task force.
Legislative Appropriations Request (LAR) Discussion regarding the development of the Texas Department of Transportation's Fiscal Year 2018-2019 LAR (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.
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 Various Counties - Award state funds to public transportation providers for FY 2016 as appropriated by the 84th 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.
Various Counties - Award federal §5304 Statewide and Nonmetropolitan Transportation Planning Program funds and state match, 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 2016 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.
Various Counties - Award federal §5311 Formula Grants for Rural Areas Program funds and transportation development credits to rural transit districts for FY 2016 (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.
Various Counties - Award federal §5310 Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program funds and transportation development credits for FY 2016 (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.
Various Counties - Award federal §5339 Bus and Bus Facilities Program funds and transportation development credits to transportation providers for bus and bus facilities capital program purposes (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5339 Bus and Bus Facilities 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.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 2 - Environmental Review of Transportation Projects Amendments to §§2.1, 2.3, 2.5, 2.11, and 2.14 (General Provisions), §§2.44, 2.48, 2.49, and 2.50 (Environmental Review Process for Highway Projects), §§2.81, 2.83, 2.84, and 2.85 (Requirements for Classes of Projects), §§2.102, 2.104, 2.105, 2.106, 2.107, 2.108, and 2.110 (Public Participation), and §2.131 (Requirements for Specific Types of Projects and Programs) (MO) These amendments add additional flexibility in certain areas of and clarity to the environmental review process, and further streamline and improve the environmental review process.
Chapter 6 - State Infrastructure Bank Repeal of §6.24, Suspension of Applications (Procedures), Amendments to §§6.31, Department Action, and 6.32, Commission Action (Department and Commission Action) (MO) The rulemaking implements new procedures for the commission’s consideration of applications so that the department may more effectively manage the available funds in the state infrastructure bank in accordance with the directives of the commission.
Chapter 7 - Rail Facilities Amendments to §§7.31, 7.33, 7.34, and 7.36 (Rail Safety) (MO) The amendments clarify department policy in regard to obtaining a waiver of provisions for the clearance of structures over and alongside railway tracks. The amendments also add references to the governing statutes and update department contact information.
Chapter 9 - Contract and Grant Management Amendments to §§9.31, 9.32, 9.34, 9.35, 9.37, and 9.41 (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments implement changes to the procurement process to be consistent with recently adopted federal regulations, 23 CFR Part 172, which include the addition of a request for proposal in the federal procurement process and the limiting of the contract term of an indefinite deliverable contract, including a new multi-phase contract type. The amendments also correct citation errors and certain terminology used in the rules.
Financial Assistance for Projects Cancellation of Pass-through Agreements Hood County - Hood County - Consider (1) rescinding part of Minute Order 112755 to cancel the authority to enter into a $20,554,000 pass-through agreement with Hood County for the construction of US 377 in the City of Cresson; and (2) removing $20,554,000 from the allocation of funds in the pass-through program call approved in Minute Order 112685 (MO) This minute order rescinds part of Minute Orders 112755 and 112685 to cancel the commission’s approval of a pass through agreement for the US 377 project and removes from the pass-through program the $20,554,000 that was allocated to this project.
Kaufman County - City of Forney - Consider (1) rescinding part of Minute Order 112755 to cancel the authority to enter into a $13,400,000 pass-through agreement with the City of Forney to widen FM 1641 from a 2 lane roadway to a 4 lane roadway; and (2) removing $13,400,000 from the allocation of funds in the pass-through program call approved in Minute Order 112685 (MO) This minute order rescinds part of Minute Orders 112755 and 112685 to cancel the commission’s approval of a pass through agreement for the FM 1641 project and removes from the pass-through program the $13,400,000 that was allocated to this project.
Consider approval of HB 2612 Toll Debt Reduction Criteria (MO) HB 2612 requires that the commission provide criteria to identify bonds issued for toll projects that would be appropriate for accelerated or complete lump-sum payment of debt service.
Traffic Operations McLennan and Hill Counties - Approve proposed lane use restriction for trucks on I-35 in McLennan and Hill Counties (MO) Transportation Code 545.0651 authorizes the commission to restrict a class of vehicles to two or more lanes of a highway. This minute order establishes a restriction for trucks using designated sections of I-35 in McLennan and Hill Counties. The department worked in conjunction with local jurisdictions in McLennan and Hill Counties to develop the proposed lane restrictions.
Request for Approval of Rail Clearance Deviations (MO) This minute order authorizes approval of two applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The applications are from the Fort Worth Transportation Authority and the ADM Grain Co in Hereford. The department has reviewed the applications and seeks approval of these waivers.
Regional Mobility Authority Hidalgo County - Hidalgo County Regional Mobility Authority - Consider rescission of the prior designation of SH 365 as part of the state highway system; consider removal of the deadline that the HCRMA begin construction of SH 365 by August 31, 2016; consider approval of the termination of the Market Valuation Waiver Agreement between the department and the HCRMA; and consider approval of a request from the HCRMA to connect the 365 Toll Project with the state highway system (MO) The 365 Toll Project includes the construction of Segments 1 and 2 of SH 365 as toll improvements from FM 396 (Anzalduas Highway) to US 281 (Military Highway). The commission had previously designated SH 365 as a project on the state highway system and set a deadline of August 31, 2016 for the HCRMA to begin construction. The HCRMA previously exercised primacy under a market valuation waiver agreement with the department. The HCRMA has since exercised primacy under chapter 373 of the Texas Transportation Code, and the parties now wish to terminate that agreement. Further, this action will remove SH 365 from the state highway system, approve the connection of the 365 Toll Project with the state highway system, and remove the deadline for the HCRMA to begin construction.
Smith County - North East Texas Mobility Authority (NETRMA) - Approve the connection of the Toll 49 Segment 4 project to the State Highway System; approve the waiver of the requirement that the NETRMA reimburse the department for the use of department right-of-way; and authorize the Executive Director to enter into a project development agreement with the NETRMA for the project (MO) This minute order approves the North East Texas Regional Mobility Authority’s construction of a new tolled Segment 4 that will extend the current Toll 49 Highway System and will connect to the State Highway System. The Toll 49 Segment 4 project is approximately 7 miles in length and consists of one tolled lane in each direction from US 69 north of Lindale southerly to I-20 in Smith County. The project will use parts of department right-of-way to connect to existing department facilities, and this minute order waives the requirement that the NETRMA reimburse the department for that use of department right-of-way. This minute order also authorizes the Executive Director to enter into a project development agreement with the NETRMA for the project.
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) (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.
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. Highway Maintenance and Department Building Construction (see attached itemized list) (MO)
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Routine Minute Orders and Reports 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. 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) Bell County - FM 2305 east of SH 317 in Temple - Consider the removal of the old alignment from the system and designation on a new location; also consider the transfer and quitclaim of right of way to the City of Temple (city) (MO) The highway has been located on a new alignment, and the district has determined that the old alignment is no longer needed as part of the system. The city has maintained and will continue to maintain the roadway on the old alignment. Some of the right of way was acquired in the state’s name, and the rest has no record title. The city has requested the removal and designation on the new location. The state-owned right of way may be transferred to the city to remain in use for public road purposes, and the no-title land may be quitclaimed to the city. (2) Chambers County - FM 3360 in Mont Belvieu - Consider the removal from the system, transfer of control, jurisdiction, and maintenance to the City of Mont Belvieu (city), and quitclaim of right of way to Chambers County (county) (MO) The district has determined that the highway is no longer needed as part of the system. The city has agreed to assume control, jurisdiction, and maintenance. The right of way was acquired in the county’s name. Control, jurisdiction, and maintenance may be transferred to the city, and the state’s interest in the right of way may be quitclaimed to the county. (3) Dallas County - I-635 at US 75 and Coit Road in Dallas - Consider the sale of right of way (Tracts 1 and 2) to the successful bidder (MO) The district has determined that the land is no longer needed for highway purposes. The local governmental entities and abutting landowners declined interest in purchasing the land, and it was advertised for sale by sealed bid. A successful bidder has been identified, and the site and improvements may be sold to the successful bidder. (4) Denton County - FM 426, along McKinney Street in Denton - Consider the removal from the system and transfer of right of way to the City of Denton (city) (MO) The district has determined that a segment of the highway is no longer needed as part of the system. The city has agreed to assume control, jurisdiction, and maintenance. The right of way may be transferred to the city to remain in use for public road purposes. (5) Harrison County - FM 450 at Little Cypress Creek - Consider the removal of the old alignment from the system, designation on a new location, transfer control, jurisdiction, and maintenance to the county, and transfer of right of way to the county (MO) The highway has been realigned, and the district has determined that a segment of the highway is no longer needed as part of the system. The county has agreed to assume control, jurisdiction, and maintenance and has requested that the real property on the old alignment be transferred to the city. The real property may be transferred to the city to remain in use for public road purposes. (6) Lubbock County - SL 289, southwest corner at SH 114 in Lubbock - Consider the sale of right of way to the successful bidder (MO) The district has determined that the land is no longer needed for highway purposes. The local governmental entities and abutting landowners declined interest in purchasing the land, and it was advertised for sale by sealed bid. A successful bidder has been identified, and the site and improvements may be sold to the successful bidder. (7) Lubbock County - US 82, Santa Fe Drive at 2nd Place in Lubbock - Consider the sale of former railroad 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 owner. (8) Travis County - SL 360, northeast corner at Ben White/S. Lamar Blvd. in Austin - 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 owner. d. Reports (1) Compliance Division report State law requires the commission to establish a compliance program, which must include a compliance division to oversee the program. The Compliance Division 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 Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. (2) Report of Environmental Review of Projects - Semiannual report on projects being processed under the department’s environmental review process (MO) This report is being submitted under Transportation Code, §201.762(a), which requires the department to submit to the commission twice a year a report that identifies projects being processed under the department’s environmental review process. (3) Report of the use of appropriated funds to pay salaries or benefits of specified employees (MO) The General Appropriations Act requires a state agency to report to the Governor and Legislative Budget Board the use of appropriated funds to pay salaries or benefits of certain employees if the number of full-time equivalent employees (FTEs) in a fiscal quarter exceeds the number of FTEs set for the agency in that act. By this minute order the commission approves the department’s report for the third quarter of the state’s fiscal year. e. 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.
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Open Comment Period (Part 2 of 2)
At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN