9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the January 26, 2017, regular meeting of the Texas Transportation Commission
Acknowledgement of Service Recognize by resolution Bobby Littlefield, P.E, Waco District Engineer, for 33 years of service to the department
Discussion Item 2017 Unified Transportation Program (UTP) March updates, including proposed statewide connectivity corridors (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2017 UTP in August of 2016. Staff will provide an overview of the proposed March updates to the program, including proposed statewide connectivity corridors.
Advisory Committee Appointments Consider the appointment of members to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.
Consider the appointment of a member to the Aviation Advisory Committee (MO) The Aviation Advisory Committee provides a direct link for general aviation users' input into the Texas Airport System through exchange of information concerning the users' view of the needs and requirements for the economic development of the aviation system. The commission appoints each member for a term not to exceed three years. This minute order approves the appointment of one member to the Aviation Advisory Committee.
Various Counties - Consider the award of federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding to preserve and improve the state's general aviation system. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks the approval of the awards.
Various Counties - Consider the award of federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks the approval of the awards.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds for FY 2017 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5311 Formula Grants for Rural Areas Program to rural public transportation providers.
Various Counties - Consider the award of federal Rural Transportation Assistance Program (RTAP) funds (§5311(b)(3)) to Concho Valley Transit District to host the 2017 Texas Transit Association Training and Roadeo in Lubbock (MO) Consider the award of federal RTAP funds for a safety, security, and federal requirements training event targeted specifically to transit providers in Texas and a roadeo event to assist the driver training program in evaluating driver performance both hosted by the Texas Transit Association.
Various Counties - Consider the award of residual §5309 Bus and Bus Facilities Program funds and transportation development credits to Aspermont Small Business Development Center, Inc. for the purchase of a vehicle (MO) Residual §5309 Bus and Bus Facilities Program funds remain from the State of Good Repair initiative award. The award of funds to Aspermont Small Business Development Center, Inc. for the purchase of a vehicle meets the requirements for a State of Good Repair initiative and will allow all funds awarded to be expended. Transportation development credits are awarded as match.
Various Counties - Consider the award of federal §5311 and §5311(f) funds and transportation development credits to the Capital Area Rural Transportation System (CARTS) (MO) The award considered in this minute order provides federal §5311 Formula Grants for Rural Areas program funds, federal §5311(f) Formula Grants for Rural Areas Intercity Bus Transportation program funds, and transportation development credits to CARTS, in response to their coordinated call for projects applications.
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 §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) (MO) These amendments make changes to the procedure for protesting purchases by changing the title, Chief of Procurement & Field Support Operations, to Chief Administrative Officer and the name 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.
Finance State Highway Fund Revenue Bonds - Consider the approval of the remarketing of the commission’s outstanding State Highway Fund First Tier Revenue Bonds, Series 2014-B (SIFMA Index Floating Rate Bonds) and ratification and confirmation of actions in connection with such remarketing; consider the approval of related documents, including a liquidity agreement, a continuing covenant agreement, a remarketing agreement, and a remarketing memorandum; and consider the designation of certain department officials to take all action necessary to remarket such bonds (MO) The Series 2014-B Bonds are variable rate bonds which are subject to mandatory tender on April 3, 2017. This action provides final authorization for the chief financial officer and other designated department officials to remarket the Series 2014-B Bonds upon mandatory tender of such bonds, as authorized under Transportation Code §222.003, and Government Code, Chapter 1371.
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 (1) 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) (2) Real Estate Donations Various Districts - Consider the acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for the purposes of constructing, maintaining, widening, straightening, or extending the state highway system. (See attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. b. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Bell County - US 190 at FM 3423 in Harker Heights - 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. (2) Dallas County - I-635, north side, between Josey Lane and Webb Chapel Road in Dallas - Consider the sale of right of way to the City of Farmers Branch (MO) The district has determined that the land is no longer needed for highway purposes and may be sold to the city. (3) El Paso County - I-10, northeast corner at Eastlake Boulevard 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. (4) Grimes County - BS 6-S in Navasota - Consider the sale of a former maintenance site by sealed bid (MO) The district has determined that the site is no longer needed for highway purposes. The property was advertised for sale, and an acceptable bid was received. The site may be sold to the successful bidder. (5) Guadalupe County - FM 725, old alignment in McQueeney - Consider the quitclaim of right of way to which there is no record title (MO) The highway was realigned, and the district has determined that the land is no longer needed for state highway purposes. The land may be quitclaimed to the abutting property owner at the request of the county. (6) Harris County - I-10, south side, east of Patterson 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. (7) Travis County - SL 275, west side of N. Lamar at Stobaugh Street in Austin - 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. One abutting landowner has waived interest in acquiring any of the land, and it may be sold to the abutting owner requesting to purchase it. 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) Grand Parkway Transportation Corporation Annual report on the status of projects and activities undertaken by the Grand Parkway Transportation Corporation (Report) The commission’s rules (43 Texas Administrative Code §15.90) require transportation corporations to submit a report on the status of projects and appear annually before the commission to discuss the report at the commission’s discretion. To satisfy this requirement, the Grand Parkway Transportation Corporation has submitted the annual report to the commission and is appearing to discuss at the commission’s discretion. d. Finance (1) Consider the acceptance of the annual continuing disclosure report for the State Highway Fund revenue bonds (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the State Highway Fund bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (2) Consider the acceptance of the annual continuing disclosure report for the Texas Mobility Fund (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the Texas Mobility Fund, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (3) Travis and Williamson Counties - Consider the acceptance of the annual continuing disclosure report for the Central Texas Turnpike System (MO) Under provisions of the Indenture of Trust for the Central Texas Turnpike System bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. e. Designation of Access Control Bowie County - I-30, approximately 3500 feet east of SS 594 - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 50-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. c. Section 551.076 - Discussion regarding the deployment, or specific occasions for implementation, of security personnel or devices
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the January 26, 2017, regular meeting of the Texas Transportation Commission
Acknowledgement of Service Recognize by resolution Bobby Littlefield, P.E, Waco District Engineer, for 33 years of service to the department
Discussion Item 2017 Unified Transportation Program (UTP) March updates, including proposed statewide connectivity corridors (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2017 UTP in August of 2016. Staff will provide an overview of the proposed March updates to the program, including proposed statewide connectivity corridors.
Advisory Committee Appointments Consider the appointment of members to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.
Consider the appointment of a member to the Aviation Advisory Committee (MO) The Aviation Advisory Committee provides a direct link for general aviation users' input into the Texas Airport System through exchange of information concerning the users' view of the needs and requirements for the economic development of the aviation system. The commission appoints each member for a term not to exceed three years. This minute order approves the appointment of one member to the Aviation Advisory Committee.
Various Counties - Consider the award of federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding to preserve and improve the state's general aviation system. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks the approval of the awards.
Various Counties - Consider the award of federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks the approval of the awards.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds for FY 2017 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5311 Formula Grants for Rural Areas Program to rural public transportation providers.
Various Counties - Consider the award of federal Rural Transportation Assistance Program (RTAP) funds (§5311(b)(3)) to Concho Valley Transit District to host the 2017 Texas Transit Association Training and Roadeo in Lubbock (MO) Consider the award of federal RTAP funds for a safety, security, and federal requirements training event targeted specifically to transit providers in Texas and a roadeo event to assist the driver training program in evaluating driver performance both hosted by the Texas Transit Association.
Various Counties - Consider the award of residual §5309 Bus and Bus Facilities Program funds and transportation development credits to Aspermont Small Business Development Center, Inc. for the purchase of a vehicle (MO) Residual §5309 Bus and Bus Facilities Program funds remain from the State of Good Repair initiative award. The award of funds to Aspermont Small Business Development Center, Inc. for the purchase of a vehicle meets the requirements for a State of Good Repair initiative and will allow all funds awarded to be expended. Transportation development credits are awarded as match.
Various Counties - Consider the award of federal §5311 and §5311(f) funds and transportation development credits to the Capital Area Rural Transportation System (CARTS) (MO) The award considered in this minute order provides federal §5311 Formula Grants for Rural Areas program funds, federal §5311(f) Formula Grants for Rural Areas Intercity Bus Transportation program funds, and transportation development credits to CARTS, in response to their coordinated call for projects applications.
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 §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) (MO) These amendments make changes to the procedure for protesting purchases by changing the title, Chief of Procurement & Field Support Operations, to Chief Administrative Officer and the name 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.
Finance State Highway Fund Revenue Bonds - Consider the approval of the remarketing of the commission’s outstanding State Highway Fund First Tier Revenue Bonds, Series 2014-B (SIFMA Index Floating Rate Bonds) and ratification and confirmation of actions in connection with such remarketing; consider the approval of related documents, including a liquidity agreement, a continuing covenant agreement, a remarketing agreement, and a remarketing memorandum; and consider the designation of certain department officials to take all action necessary to remarket such bonds (MO) The Series 2014-B Bonds are variable rate bonds which are subject to mandatory tender on April 3, 2017. This action provides final authorization for the chief financial officer and other designated department officials to remarket the Series 2014-B Bonds upon mandatory tender of such bonds, as authorized under Transportation Code §222.003, and Government Code, Chapter 1371.
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 (1) 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) (2) Real Estate Donations Various Districts - Consider the acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for the purposes of constructing, maintaining, widening, straightening, or extending the state highway system. (See attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. b. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Bell County - US 190 at FM 3423 in Harker Heights - 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. (2) Dallas County - I-635, north side, between Josey Lane and Webb Chapel Road in Dallas - Consider the sale of right of way to the City of Farmers Branch (MO) The district has determined that the land is no longer needed for highway purposes and may be sold to the city. (3) El Paso County - I-10, northeast corner at Eastlake Boulevard 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. (4) Grimes County - BS 6-S in Navasota - Consider the sale of a former maintenance site by sealed bid (MO) The district has determined that the site is no longer needed for highway purposes. The property was advertised for sale, and an acceptable bid was received. The site may be sold to the successful bidder. (5) Guadalupe County - FM 725, old alignment in McQueeney - Consider the quitclaim of right of way to which there is no record title (MO) The highway was realigned, and the district has determined that the land is no longer needed for state highway purposes. The land may be quitclaimed to the abutting property owner at the request of the county. (6) Harris County - I-10, south side, east of Patterson 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. (7) Travis County - SL 275, west side of N. Lamar at Stobaugh Street in Austin - 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. One abutting landowner has waived interest in acquiring any of the land, and it may be sold to the abutting owner requesting to purchase it. 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) Grand Parkway Transportation Corporation Annual report on the status of projects and activities undertaken by the Grand Parkway Transportation Corporation (Report) The commission’s rules (43 Texas Administrative Code §15.90) require transportation corporations to submit a report on the status of projects and appear annually before the commission to discuss the report at the commission’s discretion. To satisfy this requirement, the Grand Parkway Transportation Corporation has submitted the annual report to the commission and is appearing to discuss at the commission’s discretion. d. Finance (1) Consider the acceptance of the annual continuing disclosure report for the State Highway Fund revenue bonds (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the State Highway Fund bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (2) Consider the acceptance of the annual continuing disclosure report for the Texas Mobility Fund (MO) Under provisions of the Supplemental Resolutions to the Master Resolution for the Texas Mobility Fund, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (3) Travis and Williamson Counties - Consider the acceptance of the annual continuing disclosure report for the Central Texas Turnpike System (MO) Under provisions of the Indenture of Trust for the Central Texas Turnpike System bonds, the commission agreed to provide annual updates for operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. e. Designation of Access Control Bowie County - I-30, approximately 3500 feet east of SS 594 - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 50-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. c. Section 551.076 - Discussion regarding the deployment, or specific occasions for implementation, of security personnel or devices