9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the August 25, 2016, regular meeting of the Texas Transportation Commission
Acknowledgement of Service a. Recognize by resolution Carol Rawson, Traffic Operations Division Director, for 30 years of service to the department b. Recognize by resolution Paul Montgomery, P.E., Paris District Engineer, for nearly 29 years of service to the department
Recognize by resolution Jerral Wyer, Occupational Safety Division Director, for 25 years of service to the department
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 federal §5311(b)(3) Rural Transit Assistance Program funds to Southwest Area Regional Transit District (MO) This minute order awards $37,000 to support a training event focused on safety, security, and federal requirements, targeted specifically to transit providers in Texas, as well as a regional “roadeo” event to assist the driver training program in evaluating driver performance.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 9 - Contract and Grant Management Amendments to §9.11, Definitions, §9.13, Notice of Letting and Issuance of Bid Forms, §9.15, Acceptance, Rejection, and Reading of Bids, §9.17, Award of Contract, and §9.18, After Contract Award (Highway Improvement Contracts) and §9.227, Information from Bidders (Disadvantaged Business Enterprise (DBE) Program) (MO) These amendments incorporate the Disadvantaged Business Enterprise (DBE) bidding requirements of federal regulation, 49 CFR §26.53 (What are the good faith efforts procedures recipients follow in situations where there are contract goals?), and are necessary to comply with the requirements of that section.
Chapter 11 - Design New §§11.400 - 11.418 (Transportation Alternatives Set-Aside Program) (MO) The proposed new subchapter implements the Transportation Alternatives Set-Aside Program (TA Set-Aside) as authorized by the federal Fixing America’s Surface Transportation Act (FAST Act). The FAST Act establishes the TA Set-Aside as part of the Surface Transportation Block Grant, and replaces the Transportation Alternatives Program (TAP) which was established as an independent funding category under the Moving Ahead for Progress in the 21st Century Act (MAP-21). Like the TAP, the TA Set-Aside provides funding for a variety of alternative transportation projects.
Chapter 16 - Planning and Development of Transportation Projects Amendments to §16.105, Unified Transportation Program (Transportation Programs), and §16.152, Cash Flow Forecast, §16.153, Funding Categories, §16.154, Transportation Allocation Funding Formulas, and §16.160, Funding Allocation Adjustments (Transportation Funding) (MO) These amendments implement requirements established by House Bill 20, which was enacted during the 84th Legislative Session, and update certain planning process associated with the development of the UTP. The amendments affect fiscal constraint requirements, organizational goal changes, performance management and metrics, cash flow forecast terminology, funding distribution methodology, and letting management.
Toll Operations Various Counties - Reduce the fee to be charged for standard tags for electronic toll collection customer accounts that do not participate in auto-replenishment (MO) State law authorizes the department to charge reasonable fees for administering electronic toll collection customer accounts. The department’s administrative rules related to toll operations provide that those fees will be set by order of the commission. Customer account fees may include fees for various types of tags, account statements, account maintenance, returned checks, and account reactivation. This minute order revises the amount to be charged for standard tags for accounts that do not participate in autoreplenishment.
Financial Assistance for Projects Hays and Travis Counties - Central Texas Regional Mobility Authority - Consider granting final approval of requests from the Central Texas Regional Mobility Authority to receive: (1) a loan of up to $60,000,000; and (2) a grant of up to $28,920,000 previously allocated by the Capital Area Metropolitan Planning Organization, all to be used for construction of the SH 45 Southwest Project, a four-lane, divided toll road between Loop 1 and FM 1626 (MO) The SH 45 Southwest Project is approximately four miles in length and would include a four-lane, divided toll road between Loop 1 and FM 1626.
Regional Mobility Authority Hays and Travis Counties - Central Texas Regional Mobility Authority - Approve the connection of the SH 45 Southwest Project to the State Highway System; approve the SH 45 Southwest Project; approve the waiver of any reimbursement from the CTRMA for the use of state-owned right-of-way; designate the SH 45 Southwest Project as a toll project on the State Highway System; authorize the executive director to execute an agreement with the CTRMA (MO) The Central Texas Regional Mobility Authority is developing the SH 45 Southwest Project, which is approximately four miles in length and includes four new tolled lanes between LP 1 and FM 1626. The project is a new alignment that includes an at-grade intersection at FM 1626, an overpass at Bliss Spillar Road, and a grade-separated interchange at LP 1. The project also includes a continuous bicycle/pedestrian shared-use path. This minute order approves the Project and the connection of the Project with the State Highway System; approves the waiver of any reimbursement from the CTRMA for the use of state-owned right-of-way; designates the Project as a toll project on the State Highway System; and authorizes the executive director to execute an agreement with the CTRMA for the development, construction, operation, and maintenance of the Project.
Contracts Award or reject contracts for maintenance, and 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. Construction of Highways, Department Buildings, and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (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 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.
12. 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 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 2483, south side, east of Morgan’s Point Resort - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. The owner of the property has requested to purchase the easement, and it may be sold to the owner. (2) Burnet County - US 281, portions of city streets in Marble Falls - Consider the transfer of right of way to the City of Marble Falls (MO) The district has determined that the land is no longer needed for highway purposes. The City of Marble Falls (city) has requested the land to be transferred to the city. Future maintenance costs exceed the value of the property, and the land may be transferred to the city. (3) Ellis County - FM 663, old alignment in Midlothian - Consider the quitclaim of right of way to honor a reversionary clause (MO) The district has determined that right of way on an old alignment of the highway is no longer needed for highway purposes. The instrument of conveyance contained a provision that should the land be abandoned as a public highway, title reverts to the grantor, his heirs, and assigns. (4) Montgomery County - SH 242 west of US 59 - Consider a reciprocal quitclaim to correct an error in a conveyance to the state (MO) The district has determined that the state acquired fee title to certain property, when only an easement interest for highway drainage purposes was intended. In addition, the property was conveyed subject to a reversionary interest which is ambiguous. A reciprocal quitclaim deed will correct the error and the ambiguity. Routine Minute Orders and Reports (continued) b. Real Estate Dispositions (continued) (5) Tarrant County - I-30 at Lancaster Avenue in Fort Worth - Consider the exchange of right of way with the City of Fort Worth (city) and acknowledgement of the acceptance of a donation (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 the state-owned land may be sold to the abutting owner. There is no record title to part of the land, and it may be quitclaimed to the abutting landowner at the request of the city. (6) Travis County - SL 360, northwest 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. c. Reports Compliance Division 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. d. Rail Clearance Deviations Request for Approval of Rail Clearance Deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The department has reviewed the applications and seeks approval of these waivers. e. Highway Designations (1) Collin County - In and near the cities of McKinney and Weston, redesignate SS 195 as FM 543 and redesignate FM 543 as SS 195 (MO) This minute order redesignates SS 195 as FM 543 from FM 455 southward to County Road 206, a distance of approximately 7.6 miles, and redesignates FM 543 from US 75 to SH 5 as SS 195, a distance of approximately 1.0 mile. (2) Hill County - Near the City of Mount Calm, designate FM 339 along a new location and redesignate a segment of FM 339 as FM Spur 339 (MO) This minute order designates FM 339 along a new location west of SH 31 to its intersection with FM 3258 and then eastward to the intersection of SH 31-K, a total distance of approximately 0.8 miles, and redesignates a segment of FM 339 as FM Spur 339 from the intersection of FM 339 southward, a distance of approximately 0.2 miles. Routine Minute Orders and Reports (continued) f. Designation of Access Control (1) Dallas County - I-635, approximately 330 feet east of Luna Road - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 48.40-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated locations. (2) Jefferson County - US 69, approximately 2000 feet east of Jerry Ware Drive - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 90-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to the southbound frontage road. The district has determined that access may be permitted at the designated location. 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. 13. Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters.
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 August 25, 2016, regular meeting of the Texas Transportation Commission
Acknowledgement of Service a. Recognize by resolution Carol Rawson, Traffic Operations Division Director, for 30 years of service to the department b. Recognize by resolution Paul Montgomery, P.E., Paris District Engineer, for nearly 29 years of service to the department
Recognize by resolution Jerral Wyer, Occupational Safety Division Director, for 25 years of service to the department
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 federal §5311(b)(3) Rural Transit Assistance Program funds to Southwest Area Regional Transit District (MO) This minute order awards $37,000 to support a training event focused on safety, security, and federal requirements, targeted specifically to transit providers in Texas, as well as a regional “roadeo” event to assist the driver training program in evaluating driver performance.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 9 - Contract and Grant Management Amendments to §9.11, Definitions, §9.13, Notice of Letting and Issuance of Bid Forms, §9.15, Acceptance, Rejection, and Reading of Bids, §9.17, Award of Contract, and §9.18, After Contract Award (Highway Improvement Contracts) and §9.227, Information from Bidders (Disadvantaged Business Enterprise (DBE) Program) (MO) These amendments incorporate the Disadvantaged Business Enterprise (DBE) bidding requirements of federal regulation, 49 CFR §26.53 (What are the good faith efforts procedures recipients follow in situations where there are contract goals?), and are necessary to comply with the requirements of that section.
Chapter 11 - Design New §§11.400 - 11.418 (Transportation Alternatives Set-Aside Program) (MO) The proposed new subchapter implements the Transportation Alternatives Set-Aside Program (TA Set-Aside) as authorized by the federal Fixing America’s Surface Transportation Act (FAST Act). The FAST Act establishes the TA Set-Aside as part of the Surface Transportation Block Grant, and replaces the Transportation Alternatives Program (TAP) which was established as an independent funding category under the Moving Ahead for Progress in the 21st Century Act (MAP-21). Like the TAP, the TA Set-Aside provides funding for a variety of alternative transportation projects.
Chapter 16 - Planning and Development of Transportation Projects Amendments to §16.105, Unified Transportation Program (Transportation Programs), and §16.152, Cash Flow Forecast, §16.153, Funding Categories, §16.154, Transportation Allocation Funding Formulas, and §16.160, Funding Allocation Adjustments (Transportation Funding) (MO) These amendments implement requirements established by House Bill 20, which was enacted during the 84th Legislative Session, and update certain planning process associated with the development of the UTP. The amendments affect fiscal constraint requirements, organizational goal changes, performance management and metrics, cash flow forecast terminology, funding distribution methodology, and letting management.
Toll Operations Various Counties - Reduce the fee to be charged for standard tags for electronic toll collection customer accounts that do not participate in auto-replenishment (MO) State law authorizes the department to charge reasonable fees for administering electronic toll collection customer accounts. The department’s administrative rules related to toll operations provide that those fees will be set by order of the commission. Customer account fees may include fees for various types of tags, account statements, account maintenance, returned checks, and account reactivation. This minute order revises the amount to be charged for standard tags for accounts that do not participate in autoreplenishment.
Financial Assistance for Projects Hays and Travis Counties - Central Texas Regional Mobility Authority - Consider granting final approval of requests from the Central Texas Regional Mobility Authority to receive: (1) a loan of up to $60,000,000; and (2) a grant of up to $28,920,000 previously allocated by the Capital Area Metropolitan Planning Organization, all to be used for construction of the SH 45 Southwest Project, a four-lane, divided toll road between Loop 1 and FM 1626 (MO) The SH 45 Southwest Project is approximately four miles in length and would include a four-lane, divided toll road between Loop 1 and FM 1626.
Regional Mobility Authority Hays and Travis Counties - Central Texas Regional Mobility Authority - Approve the connection of the SH 45 Southwest Project to the State Highway System; approve the SH 45 Southwest Project; approve the waiver of any reimbursement from the CTRMA for the use of state-owned right-of-way; designate the SH 45 Southwest Project as a toll project on the State Highway System; authorize the executive director to execute an agreement with the CTRMA (MO) The Central Texas Regional Mobility Authority is developing the SH 45 Southwest Project, which is approximately four miles in length and includes four new tolled lanes between LP 1 and FM 1626. The project is a new alignment that includes an at-grade intersection at FM 1626, an overpass at Bliss Spillar Road, and a grade-separated interchange at LP 1. The project also includes a continuous bicycle/pedestrian shared-use path. This minute order approves the Project and the connection of the Project with the State Highway System; approves the waiver of any reimbursement from the CTRMA for the use of state-owned right-of-way; designates the Project as a toll project on the State Highway System; and authorizes the executive director to execute an agreement with the CTRMA for the development, construction, operation, and maintenance of the Project.
Contracts Award or reject contracts for maintenance, and 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. Construction of Highways, Department Buildings, and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (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 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.
12. 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 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 2483, south side, east of Morgan’s Point Resort - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. The owner of the property has requested to purchase the easement, and it may be sold to the owner. (2) Burnet County - US 281, portions of city streets in Marble Falls - Consider the transfer of right of way to the City of Marble Falls (MO) The district has determined that the land is no longer needed for highway purposes. The City of Marble Falls (city) has requested the land to be transferred to the city. Future maintenance costs exceed the value of the property, and the land may be transferred to the city. (3) Ellis County - FM 663, old alignment in Midlothian - Consider the quitclaim of right of way to honor a reversionary clause (MO) The district has determined that right of way on an old alignment of the highway is no longer needed for highway purposes. The instrument of conveyance contained a provision that should the land be abandoned as a public highway, title reverts to the grantor, his heirs, and assigns. (4) Montgomery County - SH 242 west of US 59 - Consider a reciprocal quitclaim to correct an error in a conveyance to the state (MO) The district has determined that the state acquired fee title to certain property, when only an easement interest for highway drainage purposes was intended. In addition, the property was conveyed subject to a reversionary interest which is ambiguous. A reciprocal quitclaim deed will correct the error and the ambiguity. Routine Minute Orders and Reports (continued) b. Real Estate Dispositions (continued) (5) Tarrant County - I-30 at Lancaster Avenue in Fort Worth - Consider the exchange of right of way with the City of Fort Worth (city) and acknowledgement of the acceptance of a donation (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 the state-owned land may be sold to the abutting owner. There is no record title to part of the land, and it may be quitclaimed to the abutting landowner at the request of the city. (6) Travis County - SL 360, northwest 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. c. Reports Compliance Division 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. d. Rail Clearance Deviations Request for Approval of Rail Clearance Deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The department has reviewed the applications and seeks approval of these waivers. e. Highway Designations (1) Collin County - In and near the cities of McKinney and Weston, redesignate SS 195 as FM 543 and redesignate FM 543 as SS 195 (MO) This minute order redesignates SS 195 as FM 543 from FM 455 southward to County Road 206, a distance of approximately 7.6 miles, and redesignates FM 543 from US 75 to SH 5 as SS 195, a distance of approximately 1.0 mile. (2) Hill County - Near the City of Mount Calm, designate FM 339 along a new location and redesignate a segment of FM 339 as FM Spur 339 (MO) This minute order designates FM 339 along a new location west of SH 31 to its intersection with FM 3258 and then eastward to the intersection of SH 31-K, a total distance of approximately 0.8 miles, and redesignates a segment of FM 339 as FM Spur 339 from the intersection of FM 339 southward, a distance of approximately 0.2 miles. Routine Minute Orders and Reports (continued) f. Designation of Access Control (1) Dallas County - I-635, approximately 330 feet east of Luna Road - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 48.40-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated locations. (2) Jefferson County - US 69, approximately 2000 feet east of Jerry Ware Drive - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 90-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to the southbound frontage road. The district has determined that access may be permitted at the designated location. 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. 13. Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters.
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