9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction
Additional Item
Consider the approval of the Minutes of the January 24, 2018, workshop meeting and the January 25, 2018, regular meeting of the Texas Transportation Commission
Statewide Long Range Transportation Plan Consider the adoption of transportation system goals, strategies, performance measures and 10-year targets for the update to the Statewide Long Range Transportation Plan (MO) (Presentation) The Statewide Long Range Transportation Plan (Plan) must be updated in order to fulfill the department's obligation to develop a performance-based, statewide, multimodal transportation plan. State law mandates that the department develop and implement a performance-based planning and programming process with indicators that quantify progress toward attaining department goals and objectives. Senate Bill 312 (85th Legislature) mandates that the Plan contain transportation system strategies and performance measures related to the state's long-term transportation goals and measurable targets for each goal.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding and federal non-primary entitlement 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.
Public Transportation Various Counties - Consider the award of funds flexed from the Surface Transportation Block Grant program to the Section 5311 Formula Grants for Rural Areas program to Golden Crescent Regional Planning Commission (MO) Golden Crescent Regional Planning Commission lost vehicles due to fire. This award will assist the agency in replacing some of the vehicles lost.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 21 - Right of Way Repeal of §§21.146-21.149, 21.151, 21.165, 21.194, 21.196; Amendments §§21.141-21.145, 21.150, 21.152-21.156, 21.158-21.164, 21.166-21.182, 21.184-21.193, 21.195, 21.197-21.204; New §§21.205 and 21.206 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 1, Signs) and Repeal of §§21.251-21.260 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 2, Electronic Signs) (MO) These changes amend the department's Highway Beautification Program to implement Senate Bill 2006 and Senate Bill 312, 85th Legislature, Regular Session, which made substantive changes to the classifications of signs that are regulated under the program and increased the maximum height for certain signs in existence on March 1, 2017. The amendments will also make other various changes.
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings. (Presentation) 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
Highway Maintenance
Construction and Rehabilitation of Buildings
Consent and Subordination Agreement Brazoria County - SH 332 at Dow Fresh Water Canal in Lake Jackson - Consider the subordination of a highway easement crossing a flood control levee (MO) In connection with FEMA certification of the Velasco Drainage District (Velasco) levee system, a highway easement must be subordinated to the extent that it does not unreasonably interfere with Velasco's levee easement. TxDOT recommends that the governor enter into an agreement with Velasco consenting to Velasco's levee easement and subordinating the state's highway easement to Velasco's levee easement.
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 for acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for purposes of constructing, maintaining, widening, straightening, or extending the state highway system (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) Colorado County - FM 109, north side between Frelsburg and New Ulm - Consider the sale of a material source easement (MO) The district has determined that the easement is no longer needed for a highway purpose and may be sold to the fee owner of the property. (2) Dallas County - I-45 at Nicholas Street in Hutchins - 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. 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. (3) El Paso County - SH 20, at Talbot Avenue and Third Street in Canutillo - 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. (4) Kaufman County - FM 740, section of Bois d'Arc Street in Forney - Consider the removal from the system and transfer of control, jurisdiction, and maintenance and quitclaim of right of way to the City of Forney (MO) The district has determined that a segment of the highway is no longer needed as part of the highway system. The City of Forney (city) has agreed to assume control, jurisdiction and maintenance. There is no record title in the state's name, and the right of way may be quitclaimed to the city. (5) Lynn County - SL 472 on the courthouse square in Tahoka - Consider the release of a right of way easement to Lynn County (MO) The district has determined that the easement is no longer needed for highway purposes. Lynn County (county) is the underlying fee owner and has requested the easement to be released to the county. Future maintenance costs exceed the value of the property, and the easement may be released to the county without cost. (6) Motley County - FM 94, old alignment on the east side - Consider the sale of an easement to the underlying fee owners (MO) The district has advised that the easement is no longer needed for highway purposes due to realignment of the highway. The fee owners have requested to purchase the easement, and it may be sold to the owners. (7) 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) 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 bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the State Highway Fund revenue bond program, the commission has agreed to provide annual updates for certain 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 bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the Texas Mobility Fund bond program, the commission has agreed to provide annual updates for certain 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, the commission has agreed to provide annual updates for certain 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 (1) Ellis County - I-35E, at Riddle Road - Consider the designation of one location on the northbound I-35E frontage road at which access will be permitted to Riddle Road, a city street (MO) The designation of one 50-foot break in the control-of-access line will allow the City of Italy to extend Riddle Road, an existing city street, to the northbound frontage road of I-35E. The designated access will provide access to and from the northbound I-35E frontage road. The district has determined that access may be permitted at the designated location. (2) Fort Bend County - I-10, near Pin Oak Road - Consider the designation of one location on the westbound I-10 frontage road at which access will be permitted to the abutting property (MO) The designation of one 100-foot break in the control-of-access line will allow the abutting landowner to open one driveway for access to and from the westbound frontage road of I-10. 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.
Item 11 - Executive Session, Open Comment, & Adjourn
11. 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 - Discuss the evaluation and duties of the executive director. 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
Additional Item
Consider the approval of the Minutes of the January 24, 2018, workshop meeting and the January 25, 2018, regular meeting of the Texas Transportation Commission
Statewide Long Range Transportation Plan Consider the adoption of transportation system goals, strategies, performance measures and 10-year targets for the update to the Statewide Long Range Transportation Plan (MO) (Presentation) The Statewide Long Range Transportation Plan (Plan) must be updated in order to fulfill the department's obligation to develop a performance-based, statewide, multimodal transportation plan. State law mandates that the department develop and implement a performance-based planning and programming process with indicators that quantify progress toward attaining department goals and objectives. Senate Bill 312 (85th Legislature) mandates that the Plan contain transportation system strategies and performance measures related to the state's long-term transportation goals and measurable targets for each goal.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding and federal non-primary entitlement 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.
Public Transportation Various Counties - Consider the award of funds flexed from the Surface Transportation Block Grant program to the Section 5311 Formula Grants for Rural Areas program to Golden Crescent Regional Planning Commission (MO) Golden Crescent Regional Planning Commission lost vehicles due to fire. This award will assist the agency in replacing some of the vehicles lost.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 21 - Right of Way Repeal of §§21.146-21.149, 21.151, 21.165, 21.194, 21.196; Amendments §§21.141-21.145, 21.150, 21.152-21.156, 21.158-21.164, 21.166-21.182, 21.184-21.193, 21.195, 21.197-21.204; New §§21.205 and 21.206 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 1, Signs) and Repeal of §§21.251-21.260 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 2, Electronic Signs) (MO) These changes amend the department's Highway Beautification Program to implement Senate Bill 2006 and Senate Bill 312, 85th Legislature, Regular Session, which made substantive changes to the classifications of signs that are regulated under the program and increased the maximum height for certain signs in existence on March 1, 2017. The amendments will also make other various changes.
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings. (Presentation) 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
Highway Maintenance
Construction and Rehabilitation of Buildings
Consent and Subordination Agreement Brazoria County - SH 332 at Dow Fresh Water Canal in Lake Jackson - Consider the subordination of a highway easement crossing a flood control levee (MO) In connection with FEMA certification of the Velasco Drainage District (Velasco) levee system, a highway easement must be subordinated to the extent that it does not unreasonably interfere with Velasco's levee easement. TxDOT recommends that the governor enter into an agreement with Velasco consenting to Velasco's levee easement and subordinating the state's highway easement to Velasco's levee easement.
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 for acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for purposes of constructing, maintaining, widening, straightening, or extending the state highway system (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) Colorado County - FM 109, north side between Frelsburg and New Ulm - Consider the sale of a material source easement (MO) The district has determined that the easement is no longer needed for a highway purpose and may be sold to the fee owner of the property. (2) Dallas County - I-45 at Nicholas Street in Hutchins - 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. 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. (3) El Paso County - SH 20, at Talbot Avenue and Third Street in Canutillo - 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. (4) Kaufman County - FM 740, section of Bois d'Arc Street in Forney - Consider the removal from the system and transfer of control, jurisdiction, and maintenance and quitclaim of right of way to the City of Forney (MO) The district has determined that a segment of the highway is no longer needed as part of the highway system. The City of Forney (city) has agreed to assume control, jurisdiction and maintenance. There is no record title in the state's name, and the right of way may be quitclaimed to the city. (5) Lynn County - SL 472 on the courthouse square in Tahoka - Consider the release of a right of way easement to Lynn County (MO) The district has determined that the easement is no longer needed for highway purposes. Lynn County (county) is the underlying fee owner and has requested the easement to be released to the county. Future maintenance costs exceed the value of the property, and the easement may be released to the county without cost. (6) Motley County - FM 94, old alignment on the east side - Consider the sale of an easement to the underlying fee owners (MO) The district has advised that the easement is no longer needed for highway purposes due to realignment of the highway. The fee owners have requested to purchase the easement, and it may be sold to the owners. (7) 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) 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 bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the State Highway Fund revenue bond program, the commission has agreed to provide annual updates for certain 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 bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the Texas Mobility Fund bond program, the commission has agreed to provide annual updates for certain 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, the commission has agreed to provide annual updates for certain 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 (1) Ellis County - I-35E, at Riddle Road - Consider the designation of one location on the northbound I-35E frontage road at which access will be permitted to Riddle Road, a city street (MO) The designation of one 50-foot break in the control-of-access line will allow the City of Italy to extend Riddle Road, an existing city street, to the northbound frontage road of I-35E. The designated access will provide access to and from the northbound I-35E frontage road. The district has determined that access may be permitted at the designated location. (2) Fort Bend County - I-10, near Pin Oak Road - Consider the designation of one location on the westbound I-10 frontage road at which access will be permitted to the abutting property (MO) The designation of one 100-foot break in the control-of-access line will allow the abutting landowner to open one driveway for access to and from the westbound frontage road of I-10. 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.
Item 11 - Executive Session, Open Comment, & Adjourn
11. 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 - Discuss the evaluation and duties of the executive director. 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