9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider approval of the Minutes of the December 14, 2016, workshop meeting and the December 15, 2016, regular meeting of the Texas Transportation Commission
South Orient Rail Line Consider authorizing the department to assist the lessee with negotiating a trackage rights agreement with Union Pacific Railroad (MO) (Presentation) The department owns the South Orient rail line and leases it to Texas Pacifico Transportation (TXPF). TXPF accesses the southern part of the line in Presidio County via a trackage rights agreement with Union Pacific (UP). UP has issued a notice that they intend to cancel the trackage rights agreement effective Feb. 25, 2017. Staff will provide an overview of the South Orient, lease, and trackage rights issue with a request to assist TXPF in negotiating a new trackage rights agreement.
Strategic Plan Consider the adoption of an update to the 2017-2021 Strategic Plan (MO) The commission adopted the department’s Strategic Plan in May of 2016. The proposed update relates to the Long-Range State Aircraft Fleet Replacement Plan, which provides information regarding the composition and use of the state aircraft fleet and future aircraft need recommendations. Upon commission approval, department staff will submit the update to the Governor's Office and Legislative Budget Board.
Highway Designation Bell and Coryell Counties - Consider the designation of a segment of the state highway system as I-14, concurrent with US 190 from the eastern junction of US 190 and Business US 190E in Copperas Cove to I-35 in Belton (MO) This minute order designates a segment of the state highway system as I-14, concurrent with US 190 from the eastern junction of US 190 and Business US 190E in Copperas Cove to I-35 in Belton, a distance of approximately 25 miles. The Killeen-Temple Metropolitan Planning Organization, the American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.
Public Transportation Various Counties - Consider the award of transportation development credits to Corpus Christi Regional Transportation Authority, the City of Lubbock, and the City of Wichita Falls (MO) This minute order awards transportation development credits to assist with the match of federal funds for public transit capital projects in the Corpus Christi, Lubbock, and Wichita Falls areas.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 9 - Contract and Grant Management Amendments to §9.31, Definitions, §9.33, Precertification, and §9.34, Comprehensive Process (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments modify administrative qualification requirements for professional services contracts by providing a timeframe for department review of audit reports or self-certifications and establishing rejection and resubmittal requirements for a provider’s failure to return additional information within 30 days following the department’s request. The amendments also harmonize administrative qualification requirements of the state-funded procurement process with the federal procurement process by changing the focus to the type of service to be provided rather than the type of firm providing the service. Additionally, these amendments provide the department flexibility to modify standard work categories used for precertification without commission approval. Finally, the amendments will allow the department, during the procurement process, to accept at the department’s discretion a current employee of the provider or a subprovider as a replacement task leader if that task leader meets the requirements provided in the solicitation.
Toll Operations Travis and Williamson Counties - Consider approval to expend funds from the Central Texas Turnpike System (CTTS) capital contribution account for the expansion of Segments 2 and 3 of the SH 130 element of the CTTS to add an additional toll lane in each direction from SH 45N to US 290 (Segment 2), and from US 290 to SH 71 (Segment 3). Consider the designation of an additional authorized representative under the Indenture of Trust for the CTTS. (MO) This minute order authorizes the department to expend funds from the CTTS capital contribution account to implement an additional lane in each direction along Segment 2 (from SH 45N to US 290) and Segment 3 (from US 290 to SH 71) of the SH 130 element of the CTTS. This minute order also designates the Director of the Project Finance, Debt and Strategic Contracts Division as an authorized representative that may withdraw funds from the CTTS capital contribution account and perform certain other acts on behalf of the commission under the CTTS Indenture of Trust
Finance and Financial Assistance for Projects Central Texas Turnpike System Revenue Bonds Consider the approval of the Eighth Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue Refunding Bonds to refund all or any portion of the outstanding CTTS bonds, the approval of the documents relating to such obligations and the refunding of certain outstanding CTTS obligations, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of CTTS Revenue Refunding Bonds to refund all or any portion of outstanding bonds, approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both.
Texas Highway Improvement General Obligation Bonds Consider the approval of a Fifth Supplemental Resolution authorizing the issuance of highway improvement general obligation (HIGO) refunding bonds in one or more series, the approval of documents relating to the issuance of such obligations and the refunding of certain outstanding HIGO obligations, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of general obligation bonds in one or more series for refunding purposes, as authorized under Section 49-p, Article III of the Texas Constitution, Transportation Code §222.004, and Government Code, Chapters 1207 and 1371. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded.
State Highway Fund Revenue Bonds Consider the approval of a Ninth Supplemental Resolution authorizing the issuance of State Highway Fund revenue refunding obligations in one or more series, the approval of documents relating to the issuance of such obligations and the refunding of certain outstanding State Highway Fund revenue obligations, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of State Highway Fund revenue obligations in one or more series for refunding purposes, as authorized under Section 49-n, Article III of the Texas Constitution, Transportation Code §222.003, and Government Code, Chapters 1207 and 1371. Any series of refunding obligations must achieve net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of outstanding variable rate bonds, or both.
Texas Mobility Fund Bonds Consider the approval of a Thirteenth Supplemental Resolution authorizing the issuance of Texas Mobility Fund refunding obligations in one or more series, the approval of documents relating to the issuance of such obligations and the refunding of certain outstanding Texas Mobility Fund revenue bonds, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of Texas Mobility Fund refunding obligations in one or more series, as authorized under Article III, Section 49-k of the Texas Constitution, Transportation Code Chapter 201, Subchapter M, and Government Code Chapters 1207 and 1371. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both.
Quarterly Investment Report (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of funds held by the Bank of New York Mellon, as trustee, under the Central Texas Turnpike System master trust indenture; and the investment of funds for the Pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian.
Texas Mobility Fund Calhoun County - Calhoun Port Authority - Consider approval of a grant in the amount of up to $76,962 to Calhoun Port Authority for participation by the state in the payment of a portion of the costs of construction of a public transportation project to provide an access driveway and drainage improvements on the highway right of way at the south end of FM 1593 (2.5 miles south of the intersection of FM 1593 and SH 35) in Calhoun County, Texas, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will award a Texas Mobility Fund grant for participation by the state in the payment of a portion of the costs of constructing a public transportation project to provide roadway and drainage improvements to the south end of FM 1593, including (1) the installation of concrete junction boxes and extension of existing concrete and steel drainage culverts into the new concrete junction boxes; and (2) the construction of a driveway from the end of the existing FM 1593 pavement to the end of the state road right of way.
Jefferson County - Port of Port Arthur - Consider approval of a grant in the amount of up to $1,237,500 to the Port of Port Arthur for participation by the state in the payment of a portion of the costs of construction of a public transportation project to widen Lakeshore Drive in Jefferson County, Texas, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will award a Texas Mobility Fund grant for participation by the state in the payment of a portion of the costs of constructing a public transportation project to widen Lakeshore Drive to three lanes from the port entrance to Houston Avenue; add railroad grade crossings to accommodate widening; improve drainage as needed; add new signage to guide traffic; and modify existing cyclone fence for two way travel.
Orange County - Orange County - Consider approval of a grant in the amount of up to $550,618 to Orange County for participation by the state in the payment of a portion of the costs of construction of a public transportation project to widen Old Highway 90 and to upgrade the intersections at the I-10 frontage road and at the Port Access Road in Orange County, Texas, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will award a Texas Mobility Fund grant for participation by the state in the payment of a portion of the costs of constructing a public transportation project to widen Old Highway 90 between I?10 and Port Access Road and to upgrade the intersections at the I-10 frontage road and Port Access Road.
Contested Case Travis County - CKORP, LLC v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning TxDOT’s decision to debar CKORP for a period of two years, final order (MO) The executive director issued an order debarring CKORP from bidding on or entering into a contract with TxDOT for two years. The State Office of Administrative Hearings recommends that the proposed sanction be upheld.
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings. 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 and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (MO) (see attached itemized list) (MO)
Eminent Domain Proceedings Various Counties - Consider the authorization of 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) 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) Callahan County - FM 18 at Wise Street in Clyde - Consider the quitclaim of right of way to the abutting landowners (MO) There is no record title to the land. The city has no interest in acquiring it and has requested that it be quitclaimed to the abutting landowners. The district has determined that the land is no longer needed for highway purposes and recommends the quitclaim to the abutting landowners. (2) Ector County - I-20 at South Murphy Street in Odessa - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. (3) Harris County - SH 3, west side, south of Fuqua Street in Houston - 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 and may be sold to the abutting landowner. (4) Hays County - SH 80, from RM 12 to SL 82, and FM 2439, from RM 12 to Moore Street, in San Marcos - Consider removal from the system, transfer of control, jurisdiction, and maintenance to the City of San Marcos (city), and transfer of right of way to the city (MO) The city has assumed control, jurisdiction, and maintenance. The district and city have agreed that segments of the highways should be removed from the system, and the right of way should be transferred to the city. The land may be transferred to the city to remain in use for public road purposes. (5) Hunt County - I-30, east side, north of Centerpoint Lane in Greenville - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. (6) Live Oak County - US 59 at Fannin Street in George West - 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 and may be sold to the abutting owner. b. Real Estate Dispositions (continued) (7) Palo Pinto County - FM 2372 in Palo Pinto Mountains State Park - Consider the removal from the system and redesignation of a segment of the highway, transfer of control, jurisdiction, and maintenance to Texas Parks and Wildlife Department (TPWD), and transfer of right of way to TPWD (MO) The district has determined that a segment of the highway is no longer needed as part of the system. TPWD has requested the removal and redesignation and has agreed to assume control, jurisdiction and maintenance. The right of way may be transferred to TPWD at no cost to remain in use for public road purposes. (8) Tarrant County - FM 157 at West Harris Road in Arlington - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. (9) Travis County - SL 360, northeast corner at Ben White/S. Lamar in Austin - 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 to purchase the land, and it was advertised for sale by sealed bid. An acceptable bid was received, and the land may be sold to the successful bidder. 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) Obligation Limit Report Quarterly status report on the FY 2017 Obligation Limit, the actual obligations utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (Report) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2017 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (3) Quarterly report on FY 2017 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. c. Reports (continued) (4) Texas Department of Transportation Annual Financial Report (With Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2016 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually, and is required to submit an agency report to the Sunset Advisory Commission, in certain years, that includes a financial audit conducted by an independent certified public accountant. d. Finance (1) Consider the acceptance of the audited financial statements of the Texas Mobility Fund (TMF) as required by the governing master resolution (MO) The Master Resolution governing the issuance of TMF bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2016. (2) Travis and Williamson Counties - Consider the acceptance of the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the CTTS, a toll project comprised of the SH 130, Segments1-4, SH 45N, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2016. (3) Travis and Williamson Counties - Consider the acceptance of the report of Actual Traffic and Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the CTTS as of November 30, 2016. e. Designation of Access Control Bowie County - I-30, approximately 400 feet west of FM 989 - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 46-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to the eastbound frontage road. The district has determined that access may be permitted at the designated location. f. Speed Zones Various Counties - Consider the establishment or alteration of 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.
At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period.
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Discussion regarding the evaluation of the performance of the Executive Director.
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider approval of the Minutes of the December 14, 2016, workshop meeting and the December 15, 2016, regular meeting of the Texas Transportation Commission
South Orient Rail Line Consider authorizing the department to assist the lessee with negotiating a trackage rights agreement with Union Pacific Railroad (MO) (Presentation) The department owns the South Orient rail line and leases it to Texas Pacifico Transportation (TXPF). TXPF accesses the southern part of the line in Presidio County via a trackage rights agreement with Union Pacific (UP). UP has issued a notice that they intend to cancel the trackage rights agreement effective Feb. 25, 2017. Staff will provide an overview of the South Orient, lease, and trackage rights issue with a request to assist TXPF in negotiating a new trackage rights agreement.
Strategic Plan Consider the adoption of an update to the 2017-2021 Strategic Plan (MO) The commission adopted the department’s Strategic Plan in May of 2016. The proposed update relates to the Long-Range State Aircraft Fleet Replacement Plan, which provides information regarding the composition and use of the state aircraft fleet and future aircraft need recommendations. Upon commission approval, department staff will submit the update to the Governor's Office and Legislative Budget Board.
Highway Designation Bell and Coryell Counties - Consider the designation of a segment of the state highway system as I-14, concurrent with US 190 from the eastern junction of US 190 and Business US 190E in Copperas Cove to I-35 in Belton (MO) This minute order designates a segment of the state highway system as I-14, concurrent with US 190 from the eastern junction of US 190 and Business US 190E in Copperas Cove to I-35 in Belton, a distance of approximately 25 miles. The Killeen-Temple Metropolitan Planning Organization, the American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.
Public Transportation Various Counties - Consider the award of transportation development credits to Corpus Christi Regional Transportation Authority, the City of Lubbock, and the City of Wichita Falls (MO) This minute order awards transportation development credits to assist with the match of federal funds for public transit capital projects in the Corpus Christi, Lubbock, and Wichita Falls areas.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 9 - Contract and Grant Management Amendments to §9.31, Definitions, §9.33, Precertification, and §9.34, Comprehensive Process (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments modify administrative qualification requirements for professional services contracts by providing a timeframe for department review of audit reports or self-certifications and establishing rejection and resubmittal requirements for a provider’s failure to return additional information within 30 days following the department’s request. The amendments also harmonize administrative qualification requirements of the state-funded procurement process with the federal procurement process by changing the focus to the type of service to be provided rather than the type of firm providing the service. Additionally, these amendments provide the department flexibility to modify standard work categories used for precertification without commission approval. Finally, the amendments will allow the department, during the procurement process, to accept at the department’s discretion a current employee of the provider or a subprovider as a replacement task leader if that task leader meets the requirements provided in the solicitation.
Toll Operations Travis and Williamson Counties - Consider approval to expend funds from the Central Texas Turnpike System (CTTS) capital contribution account for the expansion of Segments 2 and 3 of the SH 130 element of the CTTS to add an additional toll lane in each direction from SH 45N to US 290 (Segment 2), and from US 290 to SH 71 (Segment 3). Consider the designation of an additional authorized representative under the Indenture of Trust for the CTTS. (MO) This minute order authorizes the department to expend funds from the CTTS capital contribution account to implement an additional lane in each direction along Segment 2 (from SH 45N to US 290) and Segment 3 (from US 290 to SH 71) of the SH 130 element of the CTTS. This minute order also designates the Director of the Project Finance, Debt and Strategic Contracts Division as an authorized representative that may withdraw funds from the CTTS capital contribution account and perform certain other acts on behalf of the commission under the CTTS Indenture of Trust
Finance and Financial Assistance for Projects Central Texas Turnpike System Revenue Bonds Consider the approval of the Eighth Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue Refunding Bonds to refund all or any portion of the outstanding CTTS bonds, the approval of the documents relating to such obligations and the refunding of certain outstanding CTTS obligations, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of CTTS Revenue Refunding Bonds to refund all or any portion of outstanding bonds, approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both.
Texas Highway Improvement General Obligation Bonds Consider the approval of a Fifth Supplemental Resolution authorizing the issuance of highway improvement general obligation (HIGO) refunding bonds in one or more series, the approval of documents relating to the issuance of such obligations and the refunding of certain outstanding HIGO obligations, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of general obligation bonds in one or more series for refunding purposes, as authorized under Section 49-p, Article III of the Texas Constitution, Transportation Code §222.004, and Government Code, Chapters 1207 and 1371. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded.
State Highway Fund Revenue Bonds Consider the approval of a Ninth Supplemental Resolution authorizing the issuance of State Highway Fund revenue refunding obligations in one or more series, the approval of documents relating to the issuance of such obligations and the refunding of certain outstanding State Highway Fund revenue obligations, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of State Highway Fund revenue obligations in one or more series for refunding purposes, as authorized under Section 49-n, Article III of the Texas Constitution, Transportation Code §222.003, and Government Code, Chapters 1207 and 1371. Any series of refunding obligations must achieve net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of outstanding variable rate bonds, or both.
Texas Mobility Fund Bonds Consider the approval of a Thirteenth Supplemental Resolution authorizing the issuance of Texas Mobility Fund refunding obligations in one or more series, the approval of documents relating to the issuance of such obligations and the refunding of certain outstanding Texas Mobility Fund revenue bonds, and the designation of department officials to take all actions necessary to deliver the obligations (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance and delivery of Texas Mobility Fund refunding obligations in one or more series, as authorized under Article III, Section 49-k of the Texas Constitution, Transportation Code Chapter 201, Subchapter M, and Government Code Chapters 1207 and 1371. Any series of refunding obligations must achieve a net present value debt service savings of at least 3% of the bonds refunded, provide for the refinancing of variable rate bonds, or both.
Quarterly Investment Report (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of funds held by the Bank of New York Mellon, as trustee, under the Central Texas Turnpike System master trust indenture; and the investment of funds for the Pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian.
Texas Mobility Fund Calhoun County - Calhoun Port Authority - Consider approval of a grant in the amount of up to $76,962 to Calhoun Port Authority for participation by the state in the payment of a portion of the costs of construction of a public transportation project to provide an access driveway and drainage improvements on the highway right of way at the south end of FM 1593 (2.5 miles south of the intersection of FM 1593 and SH 35) in Calhoun County, Texas, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will award a Texas Mobility Fund grant for participation by the state in the payment of a portion of the costs of constructing a public transportation project to provide roadway and drainage improvements to the south end of FM 1593, including (1) the installation of concrete junction boxes and extension of existing concrete and steel drainage culverts into the new concrete junction boxes; and (2) the construction of a driveway from the end of the existing FM 1593 pavement to the end of the state road right of way.
Jefferson County - Port of Port Arthur - Consider approval of a grant in the amount of up to $1,237,500 to the Port of Port Arthur for participation by the state in the payment of a portion of the costs of construction of a public transportation project to widen Lakeshore Drive in Jefferson County, Texas, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will award a Texas Mobility Fund grant for participation by the state in the payment of a portion of the costs of constructing a public transportation project to widen Lakeshore Drive to three lanes from the port entrance to Houston Avenue; add railroad grade crossings to accommodate widening; improve drainage as needed; add new signage to guide traffic; and modify existing cyclone fence for two way travel.
Orange County - Orange County - Consider approval of a grant in the amount of up to $550,618 to Orange County for participation by the state in the payment of a portion of the costs of construction of a public transportation project to widen Old Highway 90 and to upgrade the intersections at the I-10 frontage road and at the Port Access Road in Orange County, Texas, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will award a Texas Mobility Fund grant for participation by the state in the payment of a portion of the costs of constructing a public transportation project to widen Old Highway 90 between I?10 and Port Access Road and to upgrade the intersections at the I-10 frontage road and Port Access Road.
Contested Case Travis County - CKORP, LLC v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning TxDOT’s decision to debar CKORP for a period of two years, final order (MO) The executive director issued an order debarring CKORP from bidding on or entering into a contract with TxDOT for two years. The State Office of Administrative Hearings recommends that the proposed sanction be upheld.
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings. 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 and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (MO) (see attached itemized list) (MO)
Eminent Domain Proceedings Various Counties - Consider the authorization of 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) 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) Callahan County - FM 18 at Wise Street in Clyde - Consider the quitclaim of right of way to the abutting landowners (MO) There is no record title to the land. The city has no interest in acquiring it and has requested that it be quitclaimed to the abutting landowners. The district has determined that the land is no longer needed for highway purposes and recommends the quitclaim to the abutting landowners. (2) Ector County - I-20 at South Murphy Street in Odessa - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. (3) Harris County - SH 3, west side, south of Fuqua Street in Houston - 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 and may be sold to the abutting landowner. (4) Hays County - SH 80, from RM 12 to SL 82, and FM 2439, from RM 12 to Moore Street, in San Marcos - Consider removal from the system, transfer of control, jurisdiction, and maintenance to the City of San Marcos (city), and transfer of right of way to the city (MO) The city has assumed control, jurisdiction, and maintenance. The district and city have agreed that segments of the highways should be removed from the system, and the right of way should be transferred to the city. The land may be transferred to the city to remain in use for public road purposes. (5) Hunt County - I-30, east side, north of Centerpoint Lane in Greenville - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. (6) Live Oak County - US 59 at Fannin Street in George West - 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 and may be sold to the abutting owner. b. Real Estate Dispositions (continued) (7) Palo Pinto County - FM 2372 in Palo Pinto Mountains State Park - Consider the removal from the system and redesignation of a segment of the highway, transfer of control, jurisdiction, and maintenance to Texas Parks and Wildlife Department (TPWD), and transfer of right of way to TPWD (MO) The district has determined that a segment of the highway is no longer needed as part of the system. TPWD has requested the removal and redesignation and has agreed to assume control, jurisdiction and maintenance. The right of way may be transferred to TPWD at no cost to remain in use for public road purposes. (8) Tarrant County - FM 157 at West Harris Road in Arlington - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. (9) Travis County - SL 360, northeast corner at Ben White/S. Lamar in Austin - 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 to purchase the land, and it was advertised for sale by sealed bid. An acceptable bid was received, and the land may be sold to the successful bidder. 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) Obligation Limit Report Quarterly status report on the FY 2017 Obligation Limit, the actual obligations utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (Report) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2017 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (3) Quarterly report on FY 2017 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. c. Reports (continued) (4) Texas Department of Transportation Annual Financial Report (With Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2016 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually, and is required to submit an agency report to the Sunset Advisory Commission, in certain years, that includes a financial audit conducted by an independent certified public accountant. d. Finance (1) Consider the acceptance of the audited financial statements of the Texas Mobility Fund (TMF) as required by the governing master resolution (MO) The Master Resolution governing the issuance of TMF bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2016. (2) Travis and Williamson Counties - Consider the acceptance of the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the CTTS, a toll project comprised of the SH 130, Segments1-4, SH 45N, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2016. (3) Travis and Williamson Counties - Consider the acceptance of the report of Actual Traffic and Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the CTTS as of November 30, 2016. e. Designation of Access Control Bowie County - I-30, approximately 400 feet west of FM 989 - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 46-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to the eastbound frontage road. The district has determined that access may be permitted at the designated location. f. Speed Zones Various Counties - Consider the establishment or alteration of 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.
At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period.
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Discussion regarding the evaluation of the performance of the Executive Director.