9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the June 28, 2018, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Lauren D. Garduno, P.E., Project Planning and Development Director, for 33 years of service to the department
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 (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Development of the 2019 Unified Transportation Program (UTP) (Presentation) The UTP is a 10-year statewide plan for transportation project development. Staff will provide an update on the development of the 2019 UTP.
Legislative Appropriations Request (LAR) Discuss the Texas Department of Transportation's proposed Fiscal Year 2020-2021 Legislative Appropriations Request (LAR) (Presentation) Every two years the department is required to submit a Legislative Appropriations Request (LAR) for the upcoming biennium to be considered by the Texas Legislature. The proposed LAR describes the level of funding, method of finance, and FTEs associated with the department's strategies for the fiscal year 2020-2021 biennium. State law requires the department to deliver the LAR to the commission in an open meeting not later than the 30th day before the date the department submits the LAR to the Legislative Budget Board and the Governor’s Office of Budget and Planning.
Modernize Portfolio and Project Management (MPPM) (Presentation) Update on status of MPPM.
Design-Build Contracts Dallas County - I-635 LBJ East Project - Consider authorizing the department to issue a request for proposals to design, develop, construct, and potentially maintain improvements in the I-635 corridor from US 75 to I-30 in Dallas County (I-635 LBJ East Project), with no new toll lanes, and consider approving stipulated amounts as payment for the work product of unsuccessful proposers. The project includes the full reconstruction of the facility with the addition of one general purpose lane in each direction, to "grandfather" and permit the reconstruction of the existing one tolled managed lane in each direction, construction of continuous frontage roads, and improvements to the I-635/I-30 interchange. The project will not include funding from either Propositions 1 or 7. (MO) (Presentation) On May 24, 2018, in Minute Order 115220, the commission authorized the department to issue a request for qualifications for the design, development, construction, and potential maintenance of the I-635 LBJ East Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers.
Harris County - Consider authorizing the department to issue a request for qualifications to design, develop, construct, and potentially maintain Segment 3 of the North Houston Highway Improvement Project (NHHIP) as a non-tolled project, including improvements to the non-tolled segments of I-45, I-69, I-10, and SH 288 through downtown Houston in Harris County (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 NHHIP Segment 3 Project is a crucial element to providing system continuity, relieving congestion, and improving safety and mobility in the area and meets the requirements for design-build delivery.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 1 - Administration Amendments to §1.84, Statutory Advisory Committees (Advisory Committees) (MO) In accordance with Senate Bill 1522, 85th Legislature, Regular Session, 2017, the amendments change the number of members of the Aviation Advisory Committee.
Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.251-2.278 and New §§2.251-2.279, Subchapter H (Memorandum of Understanding with the Texas Historical Commission) (MO) Pursuant to §201.607 of the Transportation Code, the department and the Texas Historical Commission have revised by rule the Memorandum of Understanding between the agencies addressing the environmental review of transportation projects.
Chapter 16 - Planning and Development of Transportation Projects Amendments to Subchapter A, General Provisions, §§16.2 and 16.4; Subchapter B, Transportation Planning, §§16.51, 16.53 and 16.54; Subchapter C, Transportation Programs, §§16.101 - 16.103, and 16.105; Subchapter D, Transportation Funding, §§16.151 and 16.160; and Subchapter E, Project, Performance, and Funding Reporting, §16.202; New §16.57, Responsibilities of the Department; and Repeal of §16.55, Long-Range Transportation Planning Recommendations for Non-Metropolitan Areas (MO) Senate Bill 312, 85th Legislature, Regular Session, 2017, requires changes be made to several of the planning and programming processes that the commission and the department use to plan, prioritize, and finance transportation projects. The amendments are necessary to implement the requirements of SB 312 as well as to align the rules with updated federal planning regulations. The amendments also include minor technical corrections to various provisions.
State Infrastructure Bank Harris County - City of Seabrook - Consider final approval of a request from the City of Seabrook for a State Infrastructure Bank loan in the amount of up to $3,700,000 to pay the costs of utility relocation and right-of-way acquisition necessary for a highway improvement project on SH 146 (MO) The SIB loan will be secured by a pledge of ad valorem taxes. The loan will be used to pay the costs associated with right-of-way acquisition and utility relocation necessary along SH 146 from Red Bluff Road to the Harris County/Galveston County line.
Termination of Pass-through Toll Agreements for Non-tolled Projects Consider: (1) authorizing the executive director or designee to negotiate and execute agreements providing for the payoff and termination of pass-through toll agreements with Brazoria County, Central Texas Regional Mobility Authority, Comal County, Parker County, the City of Harker Heights, the City of Midlothian (two agreements), and the City of Victoria; (2) rescinding part of Minute Order 112016 to cancel the authority to enter into a $7,954,000 pass-through agreement with the City of Hudson Oaks, located in Parker County, for the construction of a new frontage road between Center Point Road and Lakeshore Drive, and the construction of improvements at US 180/I-20 and Lakeshore Drive, and removing $7,954,000 from the allocation of funds in the pass-through program call approved in Minute Order 111977; and (3) rescinding part of Minute Order 112755 to cancel the authority to enter into a $4,623,630 pass-through agreement with Travis County for the widening and reconstruction of FM 1626 from 1,100 feet west of Brodie Lane to FM 2304, as a non-tolled road, and removing $4,623,630 from the allocation of funds in the pass-through program call approved in Minute Order 112685 contingent upon the executing of an advance funding agreement for constructing the project (MO) The minute order will (1) authorize a lump sum payment in full satisfaction of the department’s obligations under the pass-through toll agreements for the entities listed, to allow for the termination of each agreement upon delivery of the lump sum payment to each developer on an agreed upon date. This minute order also (2) rescinds part of Minute Orders 112016 and 111977 to cancel the commission’s approval of a pass-through agreement with the City of Hudson Oaks (City) and remove from the pass-through program $7,954,000 that was allocated to the City. This minute order also (3) rescinds part of Minute Orders 112755 and 112685 to cancel the commission’s approval of a pass-through agreement with Travis County (County) and removes from the pass-through program $4,623,630 that was allocated to the County.
Financial Management of Projects State Highway Fund Bonds Consider approving the Ninth Supplemental Resolution authorizing the issuance of State Highway Fund revenue refunding bonds in one or more series, the documents relating to the issuance of such bonds, the refinancing of certain outstanding State Highway Fund revenue bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of State Highway Fund revenue refunding bonds to refund all or any portion of outstanding bonds and approve official statements, bond purchase contracts, escrow agreements, and other related documents, as authorized under Section 49-n, Article III of the Texas Constitution, Transportation Code §222.003, and Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve net present value debt service savings of at least 3% of the bonds refunded and/or provide for the refinancing of outstanding variable rate bonds.
Texas Mobility Fund Bonds Consider approving the Thirteenth Supplemental Resolution authorizing the issuance of Texas Mobility Fund refunding bonds in one or more series, the documents relating to the issuance of such bonds, the refinancing or remarketing of certain outstanding Texas Mobility Fund bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with possible remarketing of outstanding Texas Mobility Fund bonds subject to mandatory tender, the issuance of one or more series of Texas Mobility Fund refunding bonds to refund all or any portion of outstanding bonds, and approve official statements/reoffering memorandum, bond purchase contracts, escrow agreements, and other related documents, as authorized under Section 49-k, Article III of the Texas Constitution, Transportation Code Chapter 201, Subchapter M, and Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded and/or provide for the refinancing of variable rate bonds.
Highway Improvement General Obligation Bonds Consider approving the Fifth Supplemental Resolution authorizing the issuance of Highway Improvement General Obligation (HIGO) refunding bonds in one or more series, the documents relating to the issuance of such bonds, the refinancing of certain outstanding HIGO bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of general obligation refunding bonds to refund all or any portion of outstanding bonds and approve official statements, bond purchase contracts, escrow agreements, and other related documents, as authorized under Section 49-p, Article III of the Texas Constitution, Transportation Code §222.004, and Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded.
Central Texas Turnpike System Bonds Consider approving the Eighth Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue refunding bonds to refund all or any portion of the outstanding CTTS bonds, the documents relating to such bonds, the refinancing of certain outstanding CTTS bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of CTTS revenue refunding bonds to refund all or any portion of outstanding bonds and approve official statements, bond purchase contracts, escrow agreements, and other related documents as authorized by Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded and/or provide for the refinancing of variable rate bonds.
Toll Projects Various Counties - Consider amending the policies concerning free passage on department toll projects to (1) grant free passage to transit vehicles using tolled express lanes, HOV lanes and managed lanes located within the boundaries of the North Central Texas Council of Governments (NCTCOG), (2) authorize the executive director of the department or designee to grant temporary free passage to vehicles using a department toll project during the reconstruction, maintenance, or repair of the toll project, and (3) provide that the policies and all amendments thereto apply to commission-designated toll projects (MO) In Minute Order 110911, dated April 26, 2007, and as amended by subsequent minute orders, the commission adopted policies defining the circumstances under which free passage on department toll projects may be provided. The Express Lane/HOV Lane and Tolled Managed Lane policies, adopted by the Regional Transportation Council (RTC), the transportation policy body of the NCTCOG, provide that transit vehicles will not be charged a toll for the use of tolled express lanes, HOV lanes and managed lanes. Separately, during periods of road closures necessary for reconstruction, maintenance, or repair of department toll projects, it may be necessary to provide temporary free passage at certain tolling points to promote safety and/or to avoid double charging and confusion on the part of drivers.
Anti-litter Campaign and Outreach Consider defining and updating program information for the department’s anti-litter programs (MO) This minute order directs the department to continue to oversee a statewide anti-litter campaign including continued participation in the Keep America Beautiful Program. The minute order also repeals and replaces Minute Order 82606 from January 1985 that provided specific direction on various components of the initial anti-litter campaign. The 1985 minute order is outdated and no longer reflects all aspects of the anti-litter campaign.
Advanced Acquisition by Purchase of Right of Way Rockwall County - Consider authorizing the negotiation and advance acquisition by purchase of right of way for possible use in, or in connection with, a transportation facility before a final decision has been made as to whether the transportation facility will be located on that property or environmental clearance has been issued for the transportation facility by the appropriate federal or state authority (see attached itemized list) (MO) State law authorizes the commission to acquire real property before a final decision is made as to the location of a transportation facility. The department desires to purchase property on SH 205 and FM 549 in Rockwall County for possible use in or in connection with a transportation facility.
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 with a value of $500 or more, including donations of money, materials, services, or real property, that are made to the department for the purpose of assisting the department in carrying out its functions and duties or for improving access to or from a highway on the state highway system (see attached itemized list) (MO) State statutes require the commission to acknowledge the acceptance of a gift to the department that is valued at $500 or more. By the adoption of this minute order, the commission acknowledges the receipt and acceptance of the property specified in the minute order. 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. (1) Bexar County - SL 1604 at Pond Hill Road - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. The owner of the fee in the property has requested to purchase the easement, and it may be sold to the owner. (2) Castro County - SH 194 at US 385 southeast of Dimmitt - Consider the quitclaim of right of way to honor a reversionary clause (MO) The district has determined that the land is no longer needed for a state highway purpose. The instrument of conveyance to the state contained a provision that when the land ceases to be used for a public road and highway, the property reverts to the grantor, his successors, and assigns. (3) Dallas County - I-30 at Edgefield in Dallas - Consider an exchange of right of way (MO) The district has determined that right of way is no longer needed for a state highway purpose. The abutting landowner desires to acquire the land. The district requires access to a retaining wall, and the abutting owner has agreed to grant to the state a permanent right of entry for access to a retaining wall that has no other access and to pay to the state the difference in value. (4) Johnson County - BU 67-M at McAnear Street in Cleburne - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the requester. (5) Palo Pinto County - PR 36 at Possum Kingdom Lake - Consider the exchange of right of way easements (MO) The district has determined that a portion of the highway was not built on the right of way easement acquired for the road. The Brazos River Authority (BRA) owns land on which the highway was built and is needed for highway purposes. The department and BRA have executed an agreement providing for the exchange of easements. 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 2018 letting allocation, the actual allocation utilized through the current month, 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 2018 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 2018 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. 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) 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 May 31, 2018. e. Designation of Access Control (1) Midland County - SH 349, northwest of the City of Midland - Consider the redesignation of one location on SH 349 at which access will be permitted to the abutting property (MO) The redesignation of one existing 120-foot break in the control-of-access line with one proposed 120-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access to and from SH 349. The district has determined that access may be permitted at the designated location. (2) Parker County - I-20 between Old Dennis Road and Bethel Road - Consider the designation of two locations on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 30-foot and one 52.01-foot break in the control of access line will allow the abutting landowner to widen an existing driveway location, and will allow the abutting landowner to open one additional proposed driveway location for access, permitting access to and from the frontage road. The district has determined that access may be permitted at the designated locations. (3) Parker County - I-20 between Old Dennis Road and Bethel Road - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 34.84-foot break in the control of access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the frontage road. The district has determined that access may be permitted at the designated location. f. Consultation and Review - Department of Motor Vehicles, Chapter 219 Consultation on Department of Motor Vehicles rules regarding overweight/oversize vehicles (MO) Transportation Code, § 623.195 requires that the Department of Motor Vehicles Board consult with the commission on the adoption of certain rules regarding overweight/oversize vehicle permits issued by DMV. Staff has reviewed the Chapter 219 rule changes proposed by the DMV Board. This minute order confirms the commission’s consultation and review of the DMV proposed rules. g. Rail Clearance Deviations Consider the approval of rail clearance deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The department has reviewed the applications and seeks approval of these waivers. h. 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 16 - Executive Session, Open Comment, & Adjourn
16. 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 June 28, 2018, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Lauren D. Garduno, P.E., Project Planning and Development Director, for 33 years of service to the department
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 (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Development of the 2019 Unified Transportation Program (UTP) (Presentation) The UTP is a 10-year statewide plan for transportation project development. Staff will provide an update on the development of the 2019 UTP.
Legislative Appropriations Request (LAR) Discuss the Texas Department of Transportation's proposed Fiscal Year 2020-2021 Legislative Appropriations Request (LAR) (Presentation) Every two years the department is required to submit a Legislative Appropriations Request (LAR) for the upcoming biennium to be considered by the Texas Legislature. The proposed LAR describes the level of funding, method of finance, and FTEs associated with the department's strategies for the fiscal year 2020-2021 biennium. State law requires the department to deliver the LAR to the commission in an open meeting not later than the 30th day before the date the department submits the LAR to the Legislative Budget Board and the Governor’s Office of Budget and Planning.
Modernize Portfolio and Project Management (MPPM) (Presentation) Update on status of MPPM.
Design-Build Contracts Dallas County - I-635 LBJ East Project - Consider authorizing the department to issue a request for proposals to design, develop, construct, and potentially maintain improvements in the I-635 corridor from US 75 to I-30 in Dallas County (I-635 LBJ East Project), with no new toll lanes, and consider approving stipulated amounts as payment for the work product of unsuccessful proposers. The project includes the full reconstruction of the facility with the addition of one general purpose lane in each direction, to "grandfather" and permit the reconstruction of the existing one tolled managed lane in each direction, construction of continuous frontage roads, and improvements to the I-635/I-30 interchange. The project will not include funding from either Propositions 1 or 7. (MO) (Presentation) On May 24, 2018, in Minute Order 115220, the commission authorized the department to issue a request for qualifications for the design, development, construction, and potential maintenance of the I-635 LBJ East Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers.
Harris County - Consider authorizing the department to issue a request for qualifications to design, develop, construct, and potentially maintain Segment 3 of the North Houston Highway Improvement Project (NHHIP) as a non-tolled project, including improvements to the non-tolled segments of I-45, I-69, I-10, and SH 288 through downtown Houston in Harris County (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 NHHIP Segment 3 Project is a crucial element to providing system continuity, relieving congestion, and improving safety and mobility in the area and meets the requirements for design-build delivery.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 1 - Administration Amendments to §1.84, Statutory Advisory Committees (Advisory Committees) (MO) In accordance with Senate Bill 1522, 85th Legislature, Regular Session, 2017, the amendments change the number of members of the Aviation Advisory Committee.
Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.251-2.278 and New §§2.251-2.279, Subchapter H (Memorandum of Understanding with the Texas Historical Commission) (MO) Pursuant to §201.607 of the Transportation Code, the department and the Texas Historical Commission have revised by rule the Memorandum of Understanding between the agencies addressing the environmental review of transportation projects.
Chapter 16 - Planning and Development of Transportation Projects Amendments to Subchapter A, General Provisions, §§16.2 and 16.4; Subchapter B, Transportation Planning, §§16.51, 16.53 and 16.54; Subchapter C, Transportation Programs, §§16.101 - 16.103, and 16.105; Subchapter D, Transportation Funding, §§16.151 and 16.160; and Subchapter E, Project, Performance, and Funding Reporting, §16.202; New §16.57, Responsibilities of the Department; and Repeal of §16.55, Long-Range Transportation Planning Recommendations for Non-Metropolitan Areas (MO) Senate Bill 312, 85th Legislature, Regular Session, 2017, requires changes be made to several of the planning and programming processes that the commission and the department use to plan, prioritize, and finance transportation projects. The amendments are necessary to implement the requirements of SB 312 as well as to align the rules with updated federal planning regulations. The amendments also include minor technical corrections to various provisions.
State Infrastructure Bank Harris County - City of Seabrook - Consider final approval of a request from the City of Seabrook for a State Infrastructure Bank loan in the amount of up to $3,700,000 to pay the costs of utility relocation and right-of-way acquisition necessary for a highway improvement project on SH 146 (MO) The SIB loan will be secured by a pledge of ad valorem taxes. The loan will be used to pay the costs associated with right-of-way acquisition and utility relocation necessary along SH 146 from Red Bluff Road to the Harris County/Galveston County line.
Termination of Pass-through Toll Agreements for Non-tolled Projects Consider: (1) authorizing the executive director or designee to negotiate and execute agreements providing for the payoff and termination of pass-through toll agreements with Brazoria County, Central Texas Regional Mobility Authority, Comal County, Parker County, the City of Harker Heights, the City of Midlothian (two agreements), and the City of Victoria; (2) rescinding part of Minute Order 112016 to cancel the authority to enter into a $7,954,000 pass-through agreement with the City of Hudson Oaks, located in Parker County, for the construction of a new frontage road between Center Point Road and Lakeshore Drive, and the construction of improvements at US 180/I-20 and Lakeshore Drive, and removing $7,954,000 from the allocation of funds in the pass-through program call approved in Minute Order 111977; and (3) rescinding part of Minute Order 112755 to cancel the authority to enter into a $4,623,630 pass-through agreement with Travis County for the widening and reconstruction of FM 1626 from 1,100 feet west of Brodie Lane to FM 2304, as a non-tolled road, and removing $4,623,630 from the allocation of funds in the pass-through program call approved in Minute Order 112685 contingent upon the executing of an advance funding agreement for constructing the project (MO) The minute order will (1) authorize a lump sum payment in full satisfaction of the department’s obligations under the pass-through toll agreements for the entities listed, to allow for the termination of each agreement upon delivery of the lump sum payment to each developer on an agreed upon date. This minute order also (2) rescinds part of Minute Orders 112016 and 111977 to cancel the commission’s approval of a pass-through agreement with the City of Hudson Oaks (City) and remove from the pass-through program $7,954,000 that was allocated to the City. This minute order also (3) rescinds part of Minute Orders 112755 and 112685 to cancel the commission’s approval of a pass-through agreement with Travis County (County) and removes from the pass-through program $4,623,630 that was allocated to the County.
Financial Management of Projects State Highway Fund Bonds Consider approving the Ninth Supplemental Resolution authorizing the issuance of State Highway Fund revenue refunding bonds in one or more series, the documents relating to the issuance of such bonds, the refinancing of certain outstanding State Highway Fund revenue bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of State Highway Fund revenue refunding bonds to refund all or any portion of outstanding bonds and approve official statements, bond purchase contracts, escrow agreements, and other related documents, as authorized under Section 49-n, Article III of the Texas Constitution, Transportation Code §222.003, and Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve net present value debt service savings of at least 3% of the bonds refunded and/or provide for the refinancing of outstanding variable rate bonds.
Texas Mobility Fund Bonds Consider approving the Thirteenth Supplemental Resolution authorizing the issuance of Texas Mobility Fund refunding bonds in one or more series, the documents relating to the issuance of such bonds, the refinancing or remarketing of certain outstanding Texas Mobility Fund bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with possible remarketing of outstanding Texas Mobility Fund bonds subject to mandatory tender, the issuance of one or more series of Texas Mobility Fund refunding bonds to refund all or any portion of outstanding bonds, and approve official statements/reoffering memorandum, bond purchase contracts, escrow agreements, and other related documents, as authorized under Section 49-k, Article III of the Texas Constitution, Transportation Code Chapter 201, Subchapter M, and Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded and/or provide for the refinancing of variable rate bonds.
Highway Improvement General Obligation Bonds Consider approving the Fifth Supplemental Resolution authorizing the issuance of Highway Improvement General Obligation (HIGO) refunding bonds in one or more series, the documents relating to the issuance of such bonds, the refinancing of certain outstanding HIGO bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of general obligation refunding bonds to refund all or any portion of outstanding bonds and approve official statements, bond purchase contracts, escrow agreements, and other related documents, as authorized under Section 49-p, Article III of the Texas Constitution, Transportation Code §222.004, and Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded.
Central Texas Turnpike System Bonds Consider approving the Eighth Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue refunding bonds to refund all or any portion of the outstanding CTTS bonds, the documents relating to such bonds, the refinancing of certain outstanding CTTS bonds without incurring additional debt and without extending the final maturity, and the designation of department officials to take all actions necessary to deliver the bonds (MO) This action provides final authorization for the chief financial officer and other designated department officials to move forward with the issuance of one or more series of CTTS revenue refunding bonds to refund all or any portion of outstanding bonds and approve official statements, bond purchase contracts, escrow agreements, and other related documents as authorized by Government Code Chapters 1207 and 1371. Any series of refunding bonds must achieve a net present value debt service savings of at least 3% of the bonds refunded and/or provide for the refinancing of variable rate bonds.
Toll Projects Various Counties - Consider amending the policies concerning free passage on department toll projects to (1) grant free passage to transit vehicles using tolled express lanes, HOV lanes and managed lanes located within the boundaries of the North Central Texas Council of Governments (NCTCOG), (2) authorize the executive director of the department or designee to grant temporary free passage to vehicles using a department toll project during the reconstruction, maintenance, or repair of the toll project, and (3) provide that the policies and all amendments thereto apply to commission-designated toll projects (MO) In Minute Order 110911, dated April 26, 2007, and as amended by subsequent minute orders, the commission adopted policies defining the circumstances under which free passage on department toll projects may be provided. The Express Lane/HOV Lane and Tolled Managed Lane policies, adopted by the Regional Transportation Council (RTC), the transportation policy body of the NCTCOG, provide that transit vehicles will not be charged a toll for the use of tolled express lanes, HOV lanes and managed lanes. Separately, during periods of road closures necessary for reconstruction, maintenance, or repair of department toll projects, it may be necessary to provide temporary free passage at certain tolling points to promote safety and/or to avoid double charging and confusion on the part of drivers.
Anti-litter Campaign and Outreach Consider defining and updating program information for the department’s anti-litter programs (MO) This minute order directs the department to continue to oversee a statewide anti-litter campaign including continued participation in the Keep America Beautiful Program. The minute order also repeals and replaces Minute Order 82606 from January 1985 that provided specific direction on various components of the initial anti-litter campaign. The 1985 minute order is outdated and no longer reflects all aspects of the anti-litter campaign.
Advanced Acquisition by Purchase of Right of Way Rockwall County - Consider authorizing the negotiation and advance acquisition by purchase of right of way for possible use in, or in connection with, a transportation facility before a final decision has been made as to whether the transportation facility will be located on that property or environmental clearance has been issued for the transportation facility by the appropriate federal or state authority (see attached itemized list) (MO) State law authorizes the commission to acquire real property before a final decision is made as to the location of a transportation facility. The department desires to purchase property on SH 205 and FM 549 in Rockwall County for possible use in or in connection with a transportation facility.
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 with a value of $500 or more, including donations of money, materials, services, or real property, that are made to the department for the purpose of assisting the department in carrying out its functions and duties or for improving access to or from a highway on the state highway system (see attached itemized list) (MO) State statutes require the commission to acknowledge the acceptance of a gift to the department that is valued at $500 or more. By the adoption of this minute order, the commission acknowledges the receipt and acceptance of the property specified in the minute order. 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. (1) Bexar County - SL 1604 at Pond Hill Road - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. The owner of the fee in the property has requested to purchase the easement, and it may be sold to the owner. (2) Castro County - SH 194 at US 385 southeast of Dimmitt - Consider the quitclaim of right of way to honor a reversionary clause (MO) The district has determined that the land is no longer needed for a state highway purpose. The instrument of conveyance to the state contained a provision that when the land ceases to be used for a public road and highway, the property reverts to the grantor, his successors, and assigns. (3) Dallas County - I-30 at Edgefield in Dallas - Consider an exchange of right of way (MO) The district has determined that right of way is no longer needed for a state highway purpose. The abutting landowner desires to acquire the land. The district requires access to a retaining wall, and the abutting owner has agreed to grant to the state a permanent right of entry for access to a retaining wall that has no other access and to pay to the state the difference in value. (4) Johnson County - BU 67-M at McAnear Street in Cleburne - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the requester. (5) Palo Pinto County - PR 36 at Possum Kingdom Lake - Consider the exchange of right of way easements (MO) The district has determined that a portion of the highway was not built on the right of way easement acquired for the road. The Brazos River Authority (BRA) owns land on which the highway was built and is needed for highway purposes. The department and BRA have executed an agreement providing for the exchange of easements. 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 2018 letting allocation, the actual allocation utilized through the current month, 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 2018 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 2018 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. 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) 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 May 31, 2018. e. Designation of Access Control (1) Midland County - SH 349, northwest of the City of Midland - Consider the redesignation of one location on SH 349 at which access will be permitted to the abutting property (MO) The redesignation of one existing 120-foot break in the control-of-access line with one proposed 120-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access to and from SH 349. The district has determined that access may be permitted at the designated location. (2) Parker County - I-20 between Old Dennis Road and Bethel Road - Consider the designation of two locations on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 30-foot and one 52.01-foot break in the control of access line will allow the abutting landowner to widen an existing driveway location, and will allow the abutting landowner to open one additional proposed driveway location for access, permitting access to and from the frontage road. The district has determined that access may be permitted at the designated locations. (3) Parker County - I-20 between Old Dennis Road and Bethel Road - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 34.84-foot break in the control of access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the frontage road. The district has determined that access may be permitted at the designated location. f. Consultation and Review - Department of Motor Vehicles, Chapter 219 Consultation on Department of Motor Vehicles rules regarding overweight/oversize vehicles (MO) Transportation Code, § 623.195 requires that the Department of Motor Vehicles Board consult with the commission on the adoption of certain rules regarding overweight/oversize vehicle permits issued by DMV. Staff has reviewed the Chapter 219 rule changes proposed by the DMV Board. This minute order confirms the commission’s consultation and review of the DMV proposed rules. g. Rail Clearance Deviations Consider the approval of rail clearance deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The department has reviewed the applications and seeks approval of these waivers. h. 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 16 - Executive Session, Open Comment, & Adjourn
16. 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