9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the October 27, 2016, regular meeting of the Texas Transportation Commission
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 §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) (MO) This minute order proposes the adoption of changes to the procedure for protesting purchases to reflect the title change of the Chief of Procurement & Field Support Operations to Chief Administrative Officer and the name change of the Comptroller of Public Accounts Texas Procurement and Support Services division to Statewide Procurement division.
Chapter 26 - Regional Mobility Authorities Amendments to §26.15, Creation (Creation of a Regional Mobility Authority) (MO) These amendments correct a citation regarding the appointment of additional Regional Mobility Authority board members.
Chapter 30 - Aviation Amendments to §30.203, Definitions, §30.204, Facilities Development Program, §30.205, Eligibility for Financial Assistance, and §30.214, Grant and Loan Agreement Payments (Aviation Facilities Development and Financial Assistance Rules) (MO) These amendments make several non-substantive changes to the department’s aviation rules to correct errors identified during the rule review process.
Financial Assistance for Projects Various Counties - Consider authorizing the executive director to enter into a second amendment to the toll equity loan agreement (TELA) for the SH 99 (Grand Parkway) toll project between the department and the Grand Parkway Transportation Corporation (GPTC) to modify the maximum amount permitted to be made available to GPTC each year during the term of the TELA (MO) The department entered into the TELA with the GPTC for the payment of mutually-approved projected facility costs of the Grand Parkway toll project. The second amendment to the TELA will amend the maximum amount that can be borrowed each year but will not amend the total amount of the toll equity loan commitment under the TELA. The borrowed funds may be used by GPTC for debt service payments and for certain budgeted operation and maintenance costs and certain major maintenance costs if revenues are insufficient to make those payments.
Brazoria County - Brazoria County - Consider granting final approval of a request from Brazoria County for financial assistance in the form of a grant in the amount of up to $10,000,000, from concession payment money received under the comprehensive development agreement for the SH 288 Toll Lanes Project in Harris County, to pay for costs of developing and designing a toll facility in the median of SH 288, from just south of the south abutment of the Clear Creek Bridge at the Harris County/Brazoria County line to CR 58 in Brazoria County (MO) Brazoria County and Brazoria County Toll Road Authority are constructing a toll facility in the median of SH 288 from just south of the south abutment of the Clear Creek Bridge at the Harris County/Brazoria County line to CR 58, all in Brazoria County, to include two northbound toll lanes and two southbound toll lanes, separated from the general purpose lanes by a hard barrier.
County Toll Road Authority Brazoria County - Brazoria County and Brazoria County Toll Road Authority - Approve the connection of the Brazoria County Expressway to the State Highway System; approve payment for use of State-owned right-of-way; approve the Brazoria County Expressway Project; provide that the Project will become part of the State Highway System when the bonds issued by the County for the Project are paid; authorize the executive director to enter into a project development agreement with the County and the Toll Road Authority for the Project (MO) This minute order approves the Brazoria County and Brazoria County Toll Road Authority’s construction of a new toll facility that will connect to the State Highway System, approves payment for use of Stateowned right-of-way, provides that the Project will become part of the State Highway System when the bonds issued by the County for the Project are paid off, and also authorizes the executive director to enter into a project development agreement with the County and the Toll Road Authority for the Project. The Brazoria County Expressway project includes two toll lanes in each direction in the median of SH 288, separated from the general purpose lanes by a hard barrier, from just south of the south abutment of the Clear Creek Bridge at the Harris County/Brazoria County line to County Road 58.
Maritime Report Approve the Gulf Intracoastal Waterway Report (MO) (Report) The Gulf Intracoastal Waterway (GIWW) is an important component of the Texas multimodal transportation system. The department is the non-federal sponsor of the GIWW and works closely with the U.S. Army Corps of Engineers on the GIWW and other Texas waterways issues. State law requires the commission to continually evaluate the impact of the GIWW on the state and to publish and present a report to each regular session of the legislature.
Minute Order Review Rescind Minute Orders 108544, 108545, 111358, 111410, and 112523 (MO) As a result of a review of the commission’s minute orders that appear to have continuing effect, the department determined that several minute orders should be rescinded. Minute Orders 108544 and 108545, each adopted June 2001and relating to controlled access highway projects, should be rescinded because of subsequent changes to the commission’s rules. Minute Order 111358, adopted May 2008 and relating to the development, construction, and operation of the Trans-Texas Corridor and toll roads, Minute Order 111410, adopted June 2008 and relating to the market valuation of a toll project, and Minute Order 112523, adopted December 2010 and relating to the sale or transfer of access rights to or from a highway on the state highway system, should be rescinded because of subsequent changes made to the state’s statutes.
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. 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.
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) Bowie County - US 59, southwest corner at US 82 in Texarkana - 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. (2) Dallas County - SH 356 in Irving - Consider the removal from the system, transfer of control, jurisdiction, and maintenance to the City of Irving (city) and quitclaim of right of way to the 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 and has requested to acquire the right of way. Control, jurisdiction, and maintenance may be transferred to the city, and the right of way may be quitclaimed to the city. (3) Eastland County - FM 2214, old alignment east of FM 2461 - 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. The owners of another abutting property have declined to purchase any of the land, and it may be sold to the requester. (4) Ector County - SL 338 at I-20 in Odessa - 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. b. Real Estate Dispositions (continued) (5) Johnson County - US 67 in Cleburne - Consider the transfer of right of way to the City of Cleburne (MO) The district has determined that the land is no longer needed for highway purposes, and the city has requested to acquire the land. The cost of future maintenance exceeds the value of the land, and it may be transferred to the city without cost. (6) Lampasas County - FM 580, old alignment at County Road 1403 - 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. (7) Randall County - I-27 at McCormick Road south of Amarillo - 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. 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. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the October 27, 2016, regular meeting of the Texas Transportation Commission
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 §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) (MO) This minute order proposes the adoption of changes to the procedure for protesting purchases to reflect the title change of the Chief of Procurement & Field Support Operations to Chief Administrative Officer and the name change of the Comptroller of Public Accounts Texas Procurement and Support Services division to Statewide Procurement division.
Chapter 26 - Regional Mobility Authorities Amendments to §26.15, Creation (Creation of a Regional Mobility Authority) (MO) These amendments correct a citation regarding the appointment of additional Regional Mobility Authority board members.
Chapter 30 - Aviation Amendments to §30.203, Definitions, §30.204, Facilities Development Program, §30.205, Eligibility for Financial Assistance, and §30.214, Grant and Loan Agreement Payments (Aviation Facilities Development and Financial Assistance Rules) (MO) These amendments make several non-substantive changes to the department’s aviation rules to correct errors identified during the rule review process.
Financial Assistance for Projects Various Counties - Consider authorizing the executive director to enter into a second amendment to the toll equity loan agreement (TELA) for the SH 99 (Grand Parkway) toll project between the department and the Grand Parkway Transportation Corporation (GPTC) to modify the maximum amount permitted to be made available to GPTC each year during the term of the TELA (MO) The department entered into the TELA with the GPTC for the payment of mutually-approved projected facility costs of the Grand Parkway toll project. The second amendment to the TELA will amend the maximum amount that can be borrowed each year but will not amend the total amount of the toll equity loan commitment under the TELA. The borrowed funds may be used by GPTC for debt service payments and for certain budgeted operation and maintenance costs and certain major maintenance costs if revenues are insufficient to make those payments.
Brazoria County - Brazoria County - Consider granting final approval of a request from Brazoria County for financial assistance in the form of a grant in the amount of up to $10,000,000, from concession payment money received under the comprehensive development agreement for the SH 288 Toll Lanes Project in Harris County, to pay for costs of developing and designing a toll facility in the median of SH 288, from just south of the south abutment of the Clear Creek Bridge at the Harris County/Brazoria County line to CR 58 in Brazoria County (MO) Brazoria County and Brazoria County Toll Road Authority are constructing a toll facility in the median of SH 288 from just south of the south abutment of the Clear Creek Bridge at the Harris County/Brazoria County line to CR 58, all in Brazoria County, to include two northbound toll lanes and two southbound toll lanes, separated from the general purpose lanes by a hard barrier.
County Toll Road Authority Brazoria County - Brazoria County and Brazoria County Toll Road Authority - Approve the connection of the Brazoria County Expressway to the State Highway System; approve payment for use of State-owned right-of-way; approve the Brazoria County Expressway Project; provide that the Project will become part of the State Highway System when the bonds issued by the County for the Project are paid; authorize the executive director to enter into a project development agreement with the County and the Toll Road Authority for the Project (MO) This minute order approves the Brazoria County and Brazoria County Toll Road Authority’s construction of a new toll facility that will connect to the State Highway System, approves payment for use of Stateowned right-of-way, provides that the Project will become part of the State Highway System when the bonds issued by the County for the Project are paid off, and also authorizes the executive director to enter into a project development agreement with the County and the Toll Road Authority for the Project. The Brazoria County Expressway project includes two toll lanes in each direction in the median of SH 288, separated from the general purpose lanes by a hard barrier, from just south of the south abutment of the Clear Creek Bridge at the Harris County/Brazoria County line to County Road 58.
Maritime Report Approve the Gulf Intracoastal Waterway Report (MO) (Report) The Gulf Intracoastal Waterway (GIWW) is an important component of the Texas multimodal transportation system. The department is the non-federal sponsor of the GIWW and works closely with the U.S. Army Corps of Engineers on the GIWW and other Texas waterways issues. State law requires the commission to continually evaluate the impact of the GIWW on the state and to publish and present a report to each regular session of the legislature.
Minute Order Review Rescind Minute Orders 108544, 108545, 111358, 111410, and 112523 (MO) As a result of a review of the commission’s minute orders that appear to have continuing effect, the department determined that several minute orders should be rescinded. Minute Orders 108544 and 108545, each adopted June 2001and relating to controlled access highway projects, should be rescinded because of subsequent changes to the commission’s rules. Minute Order 111358, adopted May 2008 and relating to the development, construction, and operation of the Trans-Texas Corridor and toll roads, Minute Order 111410, adopted June 2008 and relating to the market valuation of a toll project, and Minute Order 112523, adopted December 2010 and relating to the sale or transfer of access rights to or from a highway on the state highway system, should be rescinded because of subsequent changes made to the state’s statutes.
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. 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.
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) Bowie County - US 59, southwest corner at US 82 in Texarkana - 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. (2) Dallas County - SH 356 in Irving - Consider the removal from the system, transfer of control, jurisdiction, and maintenance to the City of Irving (city) and quitclaim of right of way to the 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 and has requested to acquire the right of way. Control, jurisdiction, and maintenance may be transferred to the city, and the right of way may be quitclaimed to the city. (3) Eastland County - FM 2214, old alignment east of FM 2461 - 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. The owners of another abutting property have declined to purchase any of the land, and it may be sold to the requester. (4) Ector County - SL 338 at I-20 in Odessa - 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. b. Real Estate Dispositions (continued) (5) Johnson County - US 67 in Cleburne - Consider the transfer of right of way to the City of Cleburne (MO) The district has determined that the land is no longer needed for highway purposes, and the city has requested to acquire the land. The cost of future maintenance exceeds the value of the land, and it may be transferred to the city without cost. (6) Lampasas County - FM 580, old alignment at County Road 1403 - 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. (7) Randall County - I-27 at McCormick Road south of Amarillo - 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. 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. ADJOURN