9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the November 16, 2016, workshop meeting and the November 17, 2016, regular meeting of the Texas Transportation Commission
Acknowledgement of Service Recognize by resolution Paul Montgomery, P.E., Paris District Engineer, for nearly 29 years of service to the department
Aviation a. Award federal funds for non-primary entitlement grants for airport improvement projects at various locations (MO) (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. The airports listed in the exhibits to the minute orders are eligible for award of these grant funds and the department seeks approval of the awards. b. Award federal and state funds for discretionary grants 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.
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) This minute order awards $96,000 to the City of Tyler, $3,000 to West Texas Opportunities, Inc. and $5,000 to Central Texas Rural Transit District from residual federal grant funds from the Federal Transit Administration §5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program. Transportation development credits are awarded to these transportation agencies to assist with the match of federal funds for capital projects.
Various Counties - Award state funds, federal funds, and transportation development credits to Texoma Area Paratransit System, Inc. (MO) The awards identified in this minute order reflect the allocation of previously allocated and subsequently withheld state funds and federal funds from several Federal Transit Administration grant programs, to Texoma Area Paratransit System, Inc. Transportation development credits are awarded to assist with the match of federal funds for capital projects.
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) (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.
Chapter 4 - Employment Practices Amendments to §4.33, Prohibited Conduct, §4.34, Illegal Drugs, §4.37, Test Results, and §4.39, Refusal to Test (Substance Abuse Program) (MO) Amend Substance Abuse Policy rules to add dispensation of illegal drugs to the list of prohibited conduct for employees and to require the termination of any employee who refuses to take a required alcohol or drug test.
Chapter 9 - Contract and Grant Management Amendments to §9.14, Submittal of Bid (Highway Improvement Contracts) (MO) These amendments add to the department’s rules the requirements for a bid guaranty that were established in Minute Order 108851. A bid guaranty is required for a highway improvement contract in an estimated amount of more than $25,000. The amendments include the process used to determine the amount of the guaranty. After these requirements become a part of the rules, the minute order will be rescinded.
Purchase Order Amendment Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the provision of toll operations and customer service center operator services for the department (MO) This minute order proposes an amendment to a purchase order awarded under Government Code, Chapter 2155 for the provision of toll operations and customer service center operator services for the department. The terms of the purchase order allow the amendment being proposed. Section 2155.088, Government Code, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
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) Coleman County - US 84 on Jim Ned Creek, north of Novice - Consider the quitclaim of right of way to honor a reversionary clause (MO) The district has determined that a roadside park is no longer needed for highway purposes. The instrument of conveyance contained a provision that should the land cease to be used as a park, title reverts to the grantor, his heirs, and assigns. (2) El Paso County - I-10 at Horizon Blvd. in El Paso - Consider the sale of right of way by sealed bid (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. An acceptable bid was received, and the land may be sold to the bidder. (3) Harris County - SH 99 at Bridgeland Creek Parkway - Consider the quitclaim of easements acquired by donation (MO) The easements were donated to the county for drainage purposes and were subsequently transferred to the state. The district has determined that the easements are no longer needed for highway drainage purposes, and they may be quitclaimed to the donor. (4) Jefferson County - US 90 in Beaumont - Consider the removal from the system and designation on a new location. Also consider a quitclaim of right of way to the City of Beaumont (MO) The district has determined that a segment of the highway is no longer needed as part of the system. There is no record title to the property, and the City of Beaumont (city) has maintained this segment for years. The city has requested that the state quitclaim its interest, and the land may be quitclaimed to the city. A portion of the current alignment of US 90 will be removed from the system and designated concurrently with a segment of I-10. b. Real Estate Dispositions (continued) (5) Jim Wells County - FM 1352 in Alice - Consider the sale of a former maintenance site and improvements to the county (MO) The district has determined that the property is no longer needed for highway purposes. The county has requested to purchase the property. Other governmental entities have declined interest in the property, and it may be sold to the county. (6) Lubbock County - US 82, southeast corner at Texas Tech Parkway in Lubbock - Consider the sale of a right of way easement to Texas Tech University (MO) The district has determined that a portion of the easement is no longer needed for highway purposes. Texas Tech University (university) is the underlying fee owner and has requested to purchase the easement. The easement may be sold to the university. c. 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. d. Designation of Access Control Brazoria County - SH 288, approximately 950 feet north of Discovery Bay 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 65-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. 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.
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.
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the November 16, 2016, workshop meeting and the November 17, 2016, regular meeting of the Texas Transportation Commission
Acknowledgement of Service Recognize by resolution Paul Montgomery, P.E., Paris District Engineer, for nearly 29 years of service to the department
Aviation a. Award federal funds for non-primary entitlement grants for airport improvement projects at various locations (MO) (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. The airports listed in the exhibits to the minute orders are eligible for award of these grant funds and the department seeks approval of the awards. b. Award federal and state funds for discretionary grants 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.
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) This minute order awards $96,000 to the City of Tyler, $3,000 to West Texas Opportunities, Inc. and $5,000 to Central Texas Rural Transit District from residual federal grant funds from the Federal Transit Administration §5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program. Transportation development credits are awarded to these transportation agencies to assist with the match of federal funds for capital projects.
Various Counties - Award state funds, federal funds, and transportation development credits to Texoma Area Paratransit System, Inc. (MO) The awards identified in this minute order reflect the allocation of previously allocated and subsequently withheld state funds and federal funds from several Federal Transit Administration grant programs, to Texoma Area Paratransit System, Inc. Transportation development credits are awarded to assist with the match of federal funds for capital projects.
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) (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.
Chapter 4 - Employment Practices Amendments to §4.33, Prohibited Conduct, §4.34, Illegal Drugs, §4.37, Test Results, and §4.39, Refusal to Test (Substance Abuse Program) (MO) Amend Substance Abuse Policy rules to add dispensation of illegal drugs to the list of prohibited conduct for employees and to require the termination of any employee who refuses to take a required alcohol or drug test.
Chapter 9 - Contract and Grant Management Amendments to §9.14, Submittal of Bid (Highway Improvement Contracts) (MO) These amendments add to the department’s rules the requirements for a bid guaranty that were established in Minute Order 108851. A bid guaranty is required for a highway improvement contract in an estimated amount of more than $25,000. The amendments include the process used to determine the amount of the guaranty. After these requirements become a part of the rules, the minute order will be rescinded.
Purchase Order Amendment Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the provision of toll operations and customer service center operator services for the department (MO) This minute order proposes an amendment to a purchase order awarded under Government Code, Chapter 2155 for the provision of toll operations and customer service center operator services for the department. The terms of the purchase order allow the amendment being proposed. Section 2155.088, Government Code, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
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) Coleman County - US 84 on Jim Ned Creek, north of Novice - Consider the quitclaim of right of way to honor a reversionary clause (MO) The district has determined that a roadside park is no longer needed for highway purposes. The instrument of conveyance contained a provision that should the land cease to be used as a park, title reverts to the grantor, his heirs, and assigns. (2) El Paso County - I-10 at Horizon Blvd. in El Paso - Consider the sale of right of way by sealed bid (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. An acceptable bid was received, and the land may be sold to the bidder. (3) Harris County - SH 99 at Bridgeland Creek Parkway - Consider the quitclaim of easements acquired by donation (MO) The easements were donated to the county for drainage purposes and were subsequently transferred to the state. The district has determined that the easements are no longer needed for highway drainage purposes, and they may be quitclaimed to the donor. (4) Jefferson County - US 90 in Beaumont - Consider the removal from the system and designation on a new location. Also consider a quitclaim of right of way to the City of Beaumont (MO) The district has determined that a segment of the highway is no longer needed as part of the system. There is no record title to the property, and the City of Beaumont (city) has maintained this segment for years. The city has requested that the state quitclaim its interest, and the land may be quitclaimed to the city. A portion of the current alignment of US 90 will be removed from the system and designated concurrently with a segment of I-10. b. Real Estate Dispositions (continued) (5) Jim Wells County - FM 1352 in Alice - Consider the sale of a former maintenance site and improvements to the county (MO) The district has determined that the property is no longer needed for highway purposes. The county has requested to purchase the property. Other governmental entities have declined interest in the property, and it may be sold to the county. (6) Lubbock County - US 82, southeast corner at Texas Tech Parkway in Lubbock - Consider the sale of a right of way easement to Texas Tech University (MO) The district has determined that a portion of the easement is no longer needed for highway purposes. Texas Tech University (university) is the underlying fee owner and has requested to purchase the easement. The easement may be sold to the university. c. 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. d. Designation of Access Control Brazoria County - SH 288, approximately 950 feet north of Discovery Bay 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 65-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. 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.
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.