9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Financial Assistance for Projects Tarrant and Denton Counties - Consider authorizing the Private Activity Bond Surface Transportation Corporation to take all actions necessary for the issuance of private activity bonds as part of the plan of finance for Segment 3C of the North Tarrant Express managed lanes project (MO) (Presentation) In 2008, the commission created the Private Activity Bond Surface Transportation Corporation (corporation) to assist with the development and financing of transportation facilities. In accordance with the terms and conditions of the Facility Agreement with NTE Mobility Partners Segments 3 LLC (Developer) for the North Tarrant Express (NTE) Segments 3A and 3B managed lanes project, TxDOT and Developer have been negotiating a change order and amendments to the Facility Agreement to add the design, construction, financing, operation, and maintenance of the Segment 3C Facility Segment to the scope of work contained in the Facility Agreement as a Facility Extension. Pursuant to the Facility Agreement, the corporation, subject to the approval of its board of directors and other conditions precedent, will be obligated to issue private activity bonds (PABs), and if PABs are issued, to loan the proceeds to the Developer as part of the plan of finance for the Segment 3C Facility Segment.
Open Comment and Commission Opening Remarks
Open Comment and Commission Opening Remarks
Consider the approval of the Minutes of the January 30, 2019, workshop meeting and the January 31, 2019, regular meeting of the Texas Transportation Commission
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. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Discussion Item State Infrastructure Bank update (Presentation)
State Infrastructure Bank Ellis County - South Ellis County Water Supply Corporation - Consider final approval of a request from South Ellis County Water Supply Corporation for a State Infrastructure Bank loan in the amount of up to $70,000 to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to replace a bridge 1.5 miles north of I-35E on FM 308 in Ellis County, Texas (MO) The South Ellis County Water Supply Corporation (WSC) will secure the loan with a pledge of contract revenues under a utility agreement between the WSC and the department, as well as revenues of the water system. The loan will be used to pay the utility relocation costs necessary for a non-tolled state highway improvement project to replace a bridge 1.5 miles north of I-35E on FM 308 in Ellis County, Texas.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, federal apportionment grant funding, and state grant funding for airport improvement projects at various locations (MO) (Presentation) Federal law authorizes the award of federal non-primary entitlement grant funding and federal apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 7 - Rail Facilities Amendments to §§7.30, 7.32-7.34, 7.38, and 7.42 (Rail Safety), and §7.105 (Spur Tracks Crossing Existing Highways) (MO) The amendments to the Rail Safety provisions are required because the Rail Safety Inspection Program has been transferred from the Traffic Safety Division (TRF) to the Rail Division (RRD). The amendment to §7.105 is to clarify that the rule applies to all railroad tracks crossing existing highways.
Final Adoption Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.301 - 2.308 and New §§2.301-2.308 (Memorandum of Understanding with the Texas Commission on Environmental Quality) (MO) Transportation Code, §201.607, requires the department to enter into a memorandum of understanding with each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources. This updated agreement concerns the department’s coordination of certain transportation projects with the Texas Commission on Environmental Quality. The agreement must be updated every five years. The changes would make the coordination process more efficient.
Prohibition Order Various Counties - Consider issuing an order prohibiting the operation of certain motor vehicles on Texas Department of Transportation toll projects (MO) Transportation Code, Section 372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.
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. It must also approve, accept, and acknowledge donations to the state of real property that is valued at $500 or more. (1) Bexar County - Brooklyn Ave. at I-37 in the city of San Antonio - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of San Antonio (MO) The district has determined that a segment is no longer needed as part of the system. The City of San Antonio (city) has agreed to assume control, jurisdiction, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes, and will revert to the state if it ceases to be used for public road purposes. (2) Hidalgo County - US Highway 281 - Consider the quitclaim of the state’s interest including mineral rights to comply with a reversionary clause contained in the instrument that originally conveyed the interest to the state. Hidalgo County Irrigation District No. 2 has requested that the tract be quitclaimed to honor the reversionary clause. This minute order rescinds and replaces Minute Order 115313 which incorrectly excluded mineral rights (MO) The district has determined that a segment is no longer needed as part of the system. The Hidalgo County Irrigation District No. 2 (irrigation district) has agreed to assume control, jurisdiction, and maintenance on the tract of land and has requested that the right of way be transferred to the irrigation district. (3) Lubbock County - US Highway 82 at Boston Avenue - 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. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (4) Rockwall County - FM 551 in the city of Fate - 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 City of Fate (city) desires to acquire the land. The district requires a tract of land which is needed for highway purposes and the city will donate a parcel to the state, as well as the difference in value of $323,190. 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. Highway Designations (1) Collin County - In the city of Frisco, consider removing State Spur 33 from the state highway system (MO) This minute order removes State Spur 33 along Gary Burns Drive from the state highway system from Main Street eastward to SH 289, a distance of approximately 0.3 miles; and transfers control, jurisdiction, and maintenance to the City of Frisco. (2) Collin County - In the city of Murphy, consider removing a segment of FM 2551 from the state highway system (MO) This minute order removes a segment of FM 2551 along Murphy Road from the state highway system from the Murphy city limits southward to FM 544, a distance of approximately 2.0 miles; and transfers control, maintenance and jurisdiction to the City of Murphy. (3) Collin County - In the city of Princeton, consider removing a segment of FM 75 from the state highway system (MO) This minute order removes a segment of FM 75 from the state highway system from Monte Carlo Boulevard southward to US 380, a distance of approximately 1.5 miles; and transfers control, maintenance and jurisdiction to the City of Princeton. 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 12- Executive Session, Open Comment, & Adjourn
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 b. Section 551.074 - Discussion regarding the evaluation of the performance 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.
Financial Assistance for Projects Tarrant and Denton Counties - Consider authorizing the Private Activity Bond Surface Transportation Corporation to take all actions necessary for the issuance of private activity bonds as part of the plan of finance for Segment 3C of the North Tarrant Express managed lanes project (MO) (Presentation) In 2008, the commission created the Private Activity Bond Surface Transportation Corporation (corporation) to assist with the development and financing of transportation facilities. In accordance with the terms and conditions of the Facility Agreement with NTE Mobility Partners Segments 3 LLC (Developer) for the North Tarrant Express (NTE) Segments 3A and 3B managed lanes project, TxDOT and Developer have been negotiating a change order and amendments to the Facility Agreement to add the design, construction, financing, operation, and maintenance of the Segment 3C Facility Segment to the scope of work contained in the Facility Agreement as a Facility Extension. Pursuant to the Facility Agreement, the corporation, subject to the approval of its board of directors and other conditions precedent, will be obligated to issue private activity bonds (PABs), and if PABs are issued, to loan the proceeds to the Developer as part of the plan of finance for the Segment 3C Facility Segment.
Open Comment and Commission Opening Remarks
Open Comment and Commission Opening Remarks
Consider the approval of the Minutes of the January 30, 2019, workshop meeting and the January 31, 2019, regular meeting of the Texas Transportation Commission
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. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Discussion Item State Infrastructure Bank update (Presentation)
State Infrastructure Bank Ellis County - South Ellis County Water Supply Corporation - Consider final approval of a request from South Ellis County Water Supply Corporation for a State Infrastructure Bank loan in the amount of up to $70,000 to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to replace a bridge 1.5 miles north of I-35E on FM 308 in Ellis County, Texas (MO) The South Ellis County Water Supply Corporation (WSC) will secure the loan with a pledge of contract revenues under a utility agreement between the WSC and the department, as well as revenues of the water system. The loan will be used to pay the utility relocation costs necessary for a non-tolled state highway improvement project to replace a bridge 1.5 miles north of I-35E on FM 308 in Ellis County, Texas.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, federal apportionment grant funding, and state grant funding for airport improvement projects at various locations (MO) (Presentation) Federal law authorizes the award of federal non-primary entitlement grant funding and federal apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 7 - Rail Facilities Amendments to §§7.30, 7.32-7.34, 7.38, and 7.42 (Rail Safety), and §7.105 (Spur Tracks Crossing Existing Highways) (MO) The amendments to the Rail Safety provisions are required because the Rail Safety Inspection Program has been transferred from the Traffic Safety Division (TRF) to the Rail Division (RRD). The amendment to §7.105 is to clarify that the rule applies to all railroad tracks crossing existing highways.
Final Adoption Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.301 - 2.308 and New §§2.301-2.308 (Memorandum of Understanding with the Texas Commission on Environmental Quality) (MO) Transportation Code, §201.607, requires the department to enter into a memorandum of understanding with each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources. This updated agreement concerns the department’s coordination of certain transportation projects with the Texas Commission on Environmental Quality. The agreement must be updated every five years. The changes would make the coordination process more efficient.
Prohibition Order Various Counties - Consider issuing an order prohibiting the operation of certain motor vehicles on Texas Department of Transportation toll projects (MO) Transportation Code, Section 372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.
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. It must also approve, accept, and acknowledge donations to the state of real property that is valued at $500 or more. (1) Bexar County - Brooklyn Ave. at I-37 in the city of San Antonio - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of San Antonio (MO) The district has determined that a segment is no longer needed as part of the system. The City of San Antonio (city) has agreed to assume control, jurisdiction, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes, and will revert to the state if it ceases to be used for public road purposes. (2) Hidalgo County - US Highway 281 - Consider the quitclaim of the state’s interest including mineral rights to comply with a reversionary clause contained in the instrument that originally conveyed the interest to the state. Hidalgo County Irrigation District No. 2 has requested that the tract be quitclaimed to honor the reversionary clause. This minute order rescinds and replaces Minute Order 115313 which incorrectly excluded mineral rights (MO) The district has determined that a segment is no longer needed as part of the system. The Hidalgo County Irrigation District No. 2 (irrigation district) has agreed to assume control, jurisdiction, and maintenance on the tract of land and has requested that the right of way be transferred to the irrigation district. (3) Lubbock County - US Highway 82 at Boston Avenue - 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. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (4) Rockwall County - FM 551 in the city of Fate - 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 City of Fate (city) desires to acquire the land. The district requires a tract of land which is needed for highway purposes and the city will donate a parcel to the state, as well as the difference in value of $323,190. 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. Highway Designations (1) Collin County - In the city of Frisco, consider removing State Spur 33 from the state highway system (MO) This minute order removes State Spur 33 along Gary Burns Drive from the state highway system from Main Street eastward to SH 289, a distance of approximately 0.3 miles; and transfers control, jurisdiction, and maintenance to the City of Frisco. (2) Collin County - In the city of Murphy, consider removing a segment of FM 2551 from the state highway system (MO) This minute order removes a segment of FM 2551 along Murphy Road from the state highway system from the Murphy city limits southward to FM 544, a distance of approximately 2.0 miles; and transfers control, maintenance and jurisdiction to the City of Murphy. (3) Collin County - In the city of Princeton, consider removing a segment of FM 75 from the state highway system (MO) This minute order removes a segment of FM 75 from the state highway system from Monte Carlo Boulevard southward to US 380, a distance of approximately 1.5 miles; and transfers control, maintenance and jurisdiction to the City of Princeton. 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 12- Executive Session, Open Comment, & Adjourn
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 b. Section 551.074 - Discussion regarding the evaluation of the performance 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