9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the December 14, 2017, regular meeting of the Texas Transportation Commission
Advisory Committee Appointments Consider the appointment of members to the I-69 Corridor Advisory Committee (MO) The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-69 corridor and in the establishment of development plans for that corridor. This minute order appoints new and replacement committee members.
Public Transportation Various Counties - Consider the award of state funds to public transportation providers for FY 2018 as appropriated by the 85th Texas Legislature and federal §5311(b)(3) funds to Concho Valley Transit District (MO) The awards identified in this minute order reflect the allocation of state grant funds from state appropriations to large urban, small urban, and rural public transportation providers and federal §5311(b)(3) funds to Concho Valley Transit District for a Transit Bus Roadeo.
Proposed Adoption (1) Chapter 7 - Rail Facilities Repeal of Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §§7.80-7.88; and New Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §7.80, Purpose, §7.81, Definitions, §7.82, System Safety Program Plan, §7.83, Hazard Management Process, §7.84, New State Rail Transit Agency Responsibilities, §7.85, Modifications to a System Safety Program Plan, §7.86, Rail Transit Agency’s Annual Review, §7.87, Department System Safety Program Plan Audit, §7.88, Accident Notification, §7.89, Accident Investigations, §7.90, Corrective Action Plan, §7.91, Administrative Actions by the Department, §7.92, Administrative Review, §7.93, Escalation of Enforcement Action, §7.94, Emergency Order to Address Imminent Public Safety Concerns, §7.95, Admissibility; Use of Information (MO) To implement Senate Bill 1523, 85th Legislature, Regular Session, the department is replacing its current rules regarding the oversight of a local rail transit agency’s rail fixed guideway system. The new rules provide for a new administrative review process, new accident and hazard reporting requirements, and make changes to the audit review process. These amendments are also necessary to bring the state into compliance with new Federal Transit Administration requirements.
Chapter 9 - Contract and Grant Management New §9.8, Enhanced Contract and Performance Monitoring (General) (MO) In compliance with Government Code, §2261.253(c), the department is implementing, by rule, a procedure to identify and report to the commission the identity and status of those contracts the department has determined pose a serious risk to the department.
Chapter 9 - Contract and Grant Management Amendments to §9.35, Federal Process, and §9.41, Contract Administration (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments are necessary for more effective management of contracting resources. The amendments streamline the process used to procure contracts using federal funds by eliminating one step in the selection process, the request for qualifications and statement of qualifications. Additionally, the amendments allow the Professional Engineering Procurement Services Division Director to resolve an appeal over a prime provider evaluation and to help resolve contracting or compensation disputes.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 27 - Toll Projects Amendments to §27.50, Purpose, §27.51, Definitions, §27.52, Available Financing, §27.53, Request, §27.54, Commission Action, §27.55, Financial Assistance Agreement, and §27.58, Financial and Credit Requirements (Financial Assistance for Toll Facilities) (MO) In accordance with Senate Bill 312, 85th Legislature, Regular Session, the proposed amendments require that any funds provided by the department as participation in the cost of a toll facility of a public or private entity must be repaid unless the funds are provided as participation in the cost of a project of a toll project entity and: (1) the funds are held in a subaccount created under Transportation Code, §228.012; or (2) a toll project entity commenced the environmental review process for the project on or before January 1, 2014. The amendments also provide additional defined terms for added clarity and consistency.
Final Adoption Chapter 27 - Toll Projects Amendments to §27.82, Toll Operations (Operation of Department Toll Projects) (MO) In accordance with Senate Bill 312, 85th Legislature, Regular Session, the amendments set the amount of the administrative fee to be charged for failure to pay the amount due for the use of a toll project and provide for a toll assessment review process.
Design-Build Contract - I-635 General Purpose Lanes and Non-tolled Express Lanes Dallas County - Consider authorizing the department to issue a request for qualifications to design, develop, construct, and potentially maintain improvements in the I-635 corridor from US 75 to I-30 in Dallas County (I-635 East Project), subject to removing any tolling elements. The project may include full reconstruction and widening from eight to ten general purpose lanes and from two express/high occupancy vehicle (HOV) lanes to four non-tolled express lanes for a total of 14 general purpose and non-tolled express lanes, construction of continuous frontage roads, and improvements to the I-635/I-30 interchange (MO) (Presentation) Transportation Code §223.242 authorizes the department to enter into, in each fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $150 million or more. The I-635 East Project is a crucial element to providing system continuity and improving safety and mobility in the area and meets the requirements for design-build delivery. Tolling elements are not proposed for this project and therefore all project funding will only be used for non-tolled general purpose lanes and frontage roads.
Environmental Covenants Harris County - Consider whether to authorize the executive director to execute an environmental restrictive covenant in favor of the Texas Commission on Environmental Quality (TCEQ) and the State of Texas, restricting the use of a small portion of Beltway 8 right-of-way just east of Hiram Clarke Road to commercial/industrial uses (MO) The restrictive covenant would be executed as part of remediation being conducted by the Harris County Toll Road Authority (HCTRA) to address historical contamination discovered during a joint HCTRA-TxDOT project to widen the Sam Houston Tollway. The contamination is primarily under property owned by Harris County, and extends onto a small portion of the department's right of way.
Harris County - Consider whether to authorize the executive director to execute an environmental restrictive covenant on the department’s Houston headquarters, located at 7600 Washington Avenue, Houston, Texas, prohibiting use of designated groundwater underlying the property as potable water (MO) The restrictive covenant would be executed as part of an application for a Municipal Setting Designation (MSD) to address contamination on the department's property. An MSD is an official designation given to property within a municipality that certifies that designated groundwater at the property is not, nor will it be, used as potable water, due to groundwater contamination exceeding the applicable potable-water protective concentration level. The prohibition must be in the form of a city ordinance or a restrictive covenant that is enforceable by the city and filed in the property records.
Brazoria-Fort Bend Rail District Study Consider approval for the department to enter into an Advance Funding Agreement with the Brazoria-Fort Bend County Rail District in the amount of $600,000 to conduct a planning-level study using federal planning funds with transportation development credits (MO) The study will consider a non-highway facility to accommodate forecasted growth in freight flows from the Port of Freeport to an intermodal rail hub near Rosenberg. The study will analyze the economics, environmental opportunities, constraints, potential alignments, and preliminary costs of the proposed project, and will include public involvement. Transportation development credits will be used as federal matching funds.
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)
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) Burleson County - SH 36 southeast of Somerville - Consider the quitclaim of land quitclaimed to the state in error (MO) Land intended to be conveyed to a private party was conveyed to the state in error. The land is not needed for a highway purpose and may be quitclaimed to the intended grantee to correct the error. (2) Collin County - SH 5, known as Greenville Avenue in Allen - Consider a removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Allen (MO) The district has determined that a segment of the highway is no longer needed as part of the highway system. The City of Allen (city) has agreed to assume control, jurisdiction, and maintenance. The property may be transferred to the city to remain in use for public road purposes. (3) Collin County - US 75, southeast corner at Eldorado Parkway in McKinney - 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 property was advertised for sale, and an acceptable bid was received. The site may be sold to the successful bidder. (4) Moore County - US 87, west of Klein Avenue in Dumas - Consider the sale of the former maintenance site in Dumas 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) San Patricio County - US 181 at County Road 908 - 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 requested to purchase the land. The other abutting owner has waived interest in purchasing the property, and it may be sold to the requester. (6) Tarrant County - I-30 at Photo Street in Fort Worth - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the abutting owner. (7) Taylor County - SL 322, southeast corner at SH 36 in Abilene - Consider the transfer of right of way to the City of Abilene (MO) The district has determined that the land is no longer needed for state highway purposes. The City of Abilene (city) has agreed to assume control, jurisdiction, and maintenance and has requested the land to be transferred to the city. The land may be transferred to the city without cost to remain in use for public road purposes. 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) Letting allocation status report Quarterly status report on the FY 2017 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2017 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (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. (4) Texas Department of Transportation Annual Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2017 (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) 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; funds for the Pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; and funds related to obligations issued for the IH 35E Project under a Trust Agreement by and between Amegy Bank, a Division of ZB, National Association, as trustee, and the department. (2) Consider the acceptance of the audited financial statements of the Texas Mobility Fund as required by the governing master resolution (MO) The master resolution governing the issuance of Texas Mobility Fund (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 2017. (3) 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, Segments 1-4, 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 2017. (4) 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, 2017. e. Transportation Planning (1) Various Counties - Consider concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 121 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional project costs and changes to the list of previously approved projects. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council. (2) Various Counties - Consider the approval of the Fiscal Year 2017 Annual Report on the Economically Disadvantaged Counties Program (MO) State law requires the commission to provide an annual report on the Economically Disadvantaged Counties Program to the governor, the lieutenant governor, and the speaker of the House of Representatives. This report documents the use of matching funds and local incentives as well as the savings to counties participating in the program. 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.
Items 12 - Executive Session, Open Comment, & Adjourn
12. 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. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the December 14, 2017, regular meeting of the Texas Transportation Commission
Advisory Committee Appointments Consider the appointment of members to the I-69 Corridor Advisory Committee (MO) The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-69 corridor and in the establishment of development plans for that corridor. This minute order appoints new and replacement committee members.
Public Transportation Various Counties - Consider the award of state funds to public transportation providers for FY 2018 as appropriated by the 85th Texas Legislature and federal §5311(b)(3) funds to Concho Valley Transit District (MO) The awards identified in this minute order reflect the allocation of state grant funds from state appropriations to large urban, small urban, and rural public transportation providers and federal §5311(b)(3) funds to Concho Valley Transit District for a Transit Bus Roadeo.
Proposed Adoption (1) Chapter 7 - Rail Facilities Repeal of Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §§7.80-7.88; and New Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §7.80, Purpose, §7.81, Definitions, §7.82, System Safety Program Plan, §7.83, Hazard Management Process, §7.84, New State Rail Transit Agency Responsibilities, §7.85, Modifications to a System Safety Program Plan, §7.86, Rail Transit Agency’s Annual Review, §7.87, Department System Safety Program Plan Audit, §7.88, Accident Notification, §7.89, Accident Investigations, §7.90, Corrective Action Plan, §7.91, Administrative Actions by the Department, §7.92, Administrative Review, §7.93, Escalation of Enforcement Action, §7.94, Emergency Order to Address Imminent Public Safety Concerns, §7.95, Admissibility; Use of Information (MO) To implement Senate Bill 1523, 85th Legislature, Regular Session, the department is replacing its current rules regarding the oversight of a local rail transit agency’s rail fixed guideway system. The new rules provide for a new administrative review process, new accident and hazard reporting requirements, and make changes to the audit review process. These amendments are also necessary to bring the state into compliance with new Federal Transit Administration requirements.
Chapter 9 - Contract and Grant Management New §9.8, Enhanced Contract and Performance Monitoring (General) (MO) In compliance with Government Code, §2261.253(c), the department is implementing, by rule, a procedure to identify and report to the commission the identity and status of those contracts the department has determined pose a serious risk to the department.
Chapter 9 - Contract and Grant Management Amendments to §9.35, Federal Process, and §9.41, Contract Administration (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments are necessary for more effective management of contracting resources. The amendments streamline the process used to procure contracts using federal funds by eliminating one step in the selection process, the request for qualifications and statement of qualifications. Additionally, the amendments allow the Professional Engineering Procurement Services Division Director to resolve an appeal over a prime provider evaluation and to help resolve contracting or compensation disputes.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 27 - Toll Projects Amendments to §27.50, Purpose, §27.51, Definitions, §27.52, Available Financing, §27.53, Request, §27.54, Commission Action, §27.55, Financial Assistance Agreement, and §27.58, Financial and Credit Requirements (Financial Assistance for Toll Facilities) (MO) In accordance with Senate Bill 312, 85th Legislature, Regular Session, the proposed amendments require that any funds provided by the department as participation in the cost of a toll facility of a public or private entity must be repaid unless the funds are provided as participation in the cost of a project of a toll project entity and: (1) the funds are held in a subaccount created under Transportation Code, §228.012; or (2) a toll project entity commenced the environmental review process for the project on or before January 1, 2014. The amendments also provide additional defined terms for added clarity and consistency.
Final Adoption Chapter 27 - Toll Projects Amendments to §27.82, Toll Operations (Operation of Department Toll Projects) (MO) In accordance with Senate Bill 312, 85th Legislature, Regular Session, the amendments set the amount of the administrative fee to be charged for failure to pay the amount due for the use of a toll project and provide for a toll assessment review process.
Design-Build Contract - I-635 General Purpose Lanes and Non-tolled Express Lanes Dallas County - Consider authorizing the department to issue a request for qualifications to design, develop, construct, and potentially maintain improvements in the I-635 corridor from US 75 to I-30 in Dallas County (I-635 East Project), subject to removing any tolling elements. The project may include full reconstruction and widening from eight to ten general purpose lanes and from two express/high occupancy vehicle (HOV) lanes to four non-tolled express lanes for a total of 14 general purpose and non-tolled express lanes, construction of continuous frontage roads, and improvements to the I-635/I-30 interchange (MO) (Presentation) Transportation Code §223.242 authorizes the department to enter into, in each fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $150 million or more. The I-635 East Project is a crucial element to providing system continuity and improving safety and mobility in the area and meets the requirements for design-build delivery. Tolling elements are not proposed for this project and therefore all project funding will only be used for non-tolled general purpose lanes and frontage roads.
Environmental Covenants Harris County - Consider whether to authorize the executive director to execute an environmental restrictive covenant in favor of the Texas Commission on Environmental Quality (TCEQ) and the State of Texas, restricting the use of a small portion of Beltway 8 right-of-way just east of Hiram Clarke Road to commercial/industrial uses (MO) The restrictive covenant would be executed as part of remediation being conducted by the Harris County Toll Road Authority (HCTRA) to address historical contamination discovered during a joint HCTRA-TxDOT project to widen the Sam Houston Tollway. The contamination is primarily under property owned by Harris County, and extends onto a small portion of the department's right of way.
Harris County - Consider whether to authorize the executive director to execute an environmental restrictive covenant on the department’s Houston headquarters, located at 7600 Washington Avenue, Houston, Texas, prohibiting use of designated groundwater underlying the property as potable water (MO) The restrictive covenant would be executed as part of an application for a Municipal Setting Designation (MSD) to address contamination on the department's property. An MSD is an official designation given to property within a municipality that certifies that designated groundwater at the property is not, nor will it be, used as potable water, due to groundwater contamination exceeding the applicable potable-water protective concentration level. The prohibition must be in the form of a city ordinance or a restrictive covenant that is enforceable by the city and filed in the property records.
Brazoria-Fort Bend Rail District Study Consider approval for the department to enter into an Advance Funding Agreement with the Brazoria-Fort Bend County Rail District in the amount of $600,000 to conduct a planning-level study using federal planning funds with transportation development credits (MO) The study will consider a non-highway facility to accommodate forecasted growth in freight flows from the Port of Freeport to an intermodal rail hub near Rosenberg. The study will analyze the economics, environmental opportunities, constraints, potential alignments, and preliminary costs of the proposed project, and will include public involvement. Transportation development credits will be used as federal matching funds.
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)
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) Burleson County - SH 36 southeast of Somerville - Consider the quitclaim of land quitclaimed to the state in error (MO) Land intended to be conveyed to a private party was conveyed to the state in error. The land is not needed for a highway purpose and may be quitclaimed to the intended grantee to correct the error. (2) Collin County - SH 5, known as Greenville Avenue in Allen - Consider a removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Allen (MO) The district has determined that a segment of the highway is no longer needed as part of the highway system. The City of Allen (city) has agreed to assume control, jurisdiction, and maintenance. The property may be transferred to the city to remain in use for public road purposes. (3) Collin County - US 75, southeast corner at Eldorado Parkway in McKinney - 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 property was advertised for sale, and an acceptable bid was received. The site may be sold to the successful bidder. (4) Moore County - US 87, west of Klein Avenue in Dumas - Consider the sale of the former maintenance site in Dumas 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) San Patricio County - US 181 at County Road 908 - 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 requested to purchase the land. The other abutting owner has waived interest in purchasing the property, and it may be sold to the requester. (6) Tarrant County - I-30 at Photo Street in Fort Worth - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the abutting owner. (7) Taylor County - SL 322, southeast corner at SH 36 in Abilene - Consider the transfer of right of way to the City of Abilene (MO) The district has determined that the land is no longer needed for state highway purposes. The City of Abilene (city) has agreed to assume control, jurisdiction, and maintenance and has requested the land to be transferred to the city. The land may be transferred to the city without cost to remain in use for public road purposes. 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) Letting allocation status report Quarterly status report on the FY 2017 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2017 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (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. (4) Texas Department of Transportation Annual Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2017 (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) 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; funds for the Pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; and funds related to obligations issued for the IH 35E Project under a Trust Agreement by and between Amegy Bank, a Division of ZB, National Association, as trustee, and the department. (2) Consider the acceptance of the audited financial statements of the Texas Mobility Fund as required by the governing master resolution (MO) The master resolution governing the issuance of Texas Mobility Fund (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 2017. (3) 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, Segments 1-4, 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 2017. (4) 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, 2017. e. Transportation Planning (1) Various Counties - Consider concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 121 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional project costs and changes to the list of previously approved projects. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council. (2) Various Counties - Consider the approval of the Fiscal Year 2017 Annual Report on the Economically Disadvantaged Counties Program (MO) State law requires the commission to provide an annual report on the Economically Disadvantaged Counties Program to the governor, the lieutenant governor, and the speaker of the House of Representatives. This report documents the use of matching funds and local incentives as well as the savings to counties participating in the program. 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.
Items 12 - Executive Session, Open Comment, & Adjourn
12. 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. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN