9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the September 26, 2019, regular meeting of the Texas Transportation Commission
Commission Opening Remarks
Discussion Item Request from the City of Austin for coordination with the Texas Department of Transportation on the removal of personal property from state right-of-way to ensure public safety Staff will present information on the City of Austin’s request for coordination of efforts in the removal of personal property from state highway right of way by those experiencing homelessness.
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)
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: Rules Proposals Chapter 2 - Environmental Review of Transportation Projects Amendments to §2.3, Applicability; Exceptions (General Provisions) (MO) The proposed amendments revise the applicability of the department’s Chapter 2 environmental review rules to more closely align with the applicable state statutes, which do not require the department to conduct an environmental review of projects that are not federally funded and not on the state highway system or other department-owned property.
Chapter 7 - Rail Facilities Amendments to §7.81 and §7.82, the repeal of §§7.83 - 7.95, and new §§7.83 - 7.96 (Rail Fixed Guideway System State Safety Oversight Program) (MO) The department proposes revising its current rules regarding the oversight of a rail transit agency’s rail fixed guideway system to implement requirements of the federal State Safety Oversight Final Rule codified in 49 C.F.R. Part 674. The revisions add new definitions, outline public transportation agency safety plan requirements, and clarify monthly reporting requirements.
Chapter 31 - Public Transportation Amendments to §31.3, Definitions (General), and §31.38, Public Transit Safety Program (Program Administration) (MO) The department proposes amending its current public transit safety program rules to add definitions, specify applicability, outline safety plan requirements, detail approval requirements, and identify record-keeping requirements to implement requirements of the federal Public Transportation Agency Safety Plan Final Rule codified in 49 C.F.R. Part 673. The department is also adding definitions to implement House Bill 71, 86th Legislature.
Chapter 9 - Contract and Grant Management Amendments to §9.17, Award of Contract (Highway Improvement Contracts) and §9.227, Information from Bidders (Disadvantaged Business Enterprise (DBE) Program) (MO) The proposed amendments are necessary to improve the collection of required information related to Disadvantaged Business Enterprises and to clarify the department’s existing requirement for low bidders to participate in the Department of Homeland Security’s E-Verify system.
Chapter 11 - Design Amendments to §11.52, Access Connection Facilities Process (Access Connections to State Highways) (MO) The proposed amendments modify the approval authority required for driveway permits within a district and make a minor modification to a reference to the department's Access Management Manual. Promulgation of Administrative Rules (continued)
Rules Adoption Chapter 9 - Contract and Grant Management Amendments to §9.87, Selection (Contracts for Scientific, Real Estate Appraisal, Right of Way Acquisition, and Landscape Architectural Services) (MO) The proposed amendments provide the department with more flexibility to contract for scientific, real estate appraisal, right of way acquisition, and landscape architecture services under an indefinite delivery contract.
Design-Build Contract Tarrant County - Consider authorizing the department to issue a request for qualifications to design, construct, and maintain the Southeast Connector Project, consisting of non-tolled improvements along I-20 from Forest Hill Drive to Park Springs Boulevard, I-820 from I-20 to Brentwood Stair Road, and US 287 from Bishop Street to Sublett Road, in Tarrant County (MO) (Presentation) Transportation Code §223.242 authorizes the department to enter into, in each state fiscal biennium, up to six design-build contracts for highway projects with a construction cost estimate of $150 million or more. The Southeast Connector Project (project) is the convergence zone for three separate highway facilities: I-20, I-820, and US 287. The project will improve accessibility, safety, and congestion by reconstructing the highway corridors to add non-tolled general purpose lanes, collector-distributor roads, and frontage roads. This project meets the requirements for design-build delivery.
State Infrastructure Bank Nueces County - City of Robstown - Consider final approval of a request from the City of Robstown for a State Infrastructure Bank loan in the amount of up to $300,000 for a contribution to the department to pay the costs of right of way acquisition and utility relocation necessary for a non-tolled state highway improvement project on US 77 in Nueces County (MO) The City of Robstown (city) will secure the loan with a pledge of ad valorem taxes. The loan will be used to pay the city’s costs associated with right-of-way acquisition and utility relocation necessary for a non-tolled state highway improvement project on US 77 in Nueces County. b. Palo Pinto County - Palo Pinto County Water Control and Improvement District (WCID) No. 1 - Consider final approval of a request from Palo Pinto County WCID No. 1 for a State Infrastructure Bank loan in the amount of up to $250,000 to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County (MO) Palo Pinto County WCID No. 1 will secure the loan with a pledge of ad valorem tax and water and wastewater system revenues. The loan will be used to pay the utility relocation costs necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County.
Palo Pinto County - Palo Pinto County Water Control and Improvement District (WCID) No. 1 - Consider final approval of a request from Palo Pinto County WCID No. 1 for a State Infrastructure Bank loan in the amount of up to $250,000 to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County (MO) Palo Pinto County WCID No. 1 will secure the loan with a pledge of ad valorem tax and water and wastewater system revenues. The loan will be used to pay the utility relocation costs necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County.
Project Finance Tarrant and Denton Counties - Consider authorizing the Private Activity Bond Surface Transportation Corporation (corporation) to take all actions necessary for the issuance of one or more series of bonds for a portion of the North Tarrant Express Managed Lanes Project (Segments 1 & 2W) and to loan the proceeds to the North Tarrant Express Mobility Partners (developer) to: 1) refund the outstanding corporation bonds issued to finance a portion of the project; 2) refinance the outstanding Transportation Infrastructure Financing and Innovation Act loan of the developer with the United States Department of Transportation, which loan also financed a portion of the project; and 3) finance additional costs of Segments 1 & 2W. The department will share in the gains from the refinancings in accordance with the terms of the comprehensive development agreement between the department and the developer (MO) In 2008, the commission created the Private Activity Bond Surface Transportation Corporation (corporation) to assist with the development and financing of transportation facilities. In 2009, the corporation issued $400 million in private activity bonds to finance a portion of the North Tarrant Express (NTE) Managed Lanes Project (Segments 1 & 2W). Additionally, North Tarrant Express Mobility Partners (developer) entered into a Transportation Infrastructure Financing and Innovation Act (TIFIA) loan agreement to also finance Segments 1 & 2W. The developer has requested that the corporation issue bonds to refund the outstanding private activity bonds, refinance the TIFIA loan, (both for debt service savings) and finance additional costs of Segments 1 & 2W. The minute order will authorize the corporation, subject to the approval of its board of directors and other conditions precedent, to issue bonds in one or more series and to loan the proceeds to the developer to refinance outstanding loans and bonds and finance additional project costs. Under the terms of the comprehensive development agreement (agreement) between the department and the developer for the project, the developer will pay to the department a percentage of the refinancing gains as specified in the agreement.
Truck Lane Restriction Various Counties - Consider the approval of proposed lane use restrictions for trucks on certain highways in various counties (MO) Transportation Code, §545.0651 authorizes the commission to restrict a class of vehicles to two or more lanes of a highway. This minute order establishes restrictions for trucks using designated sections of US 75 in Collin County; I-35E, I-635, and SH 183 in Dallas County; I-35E in Ellis County; I-35E in Denton County; and I-45 in Navarro County. The department worked in conjunction with local jurisdictions in these counties to develop the proposed lane restrictions.
Central Texas Turnpike System Travis and Williamson Counties - Consider the approval of a change to the toll rate schedule for the Central Texas Turnpike System to increase the Pay By Mail surcharge (MO) This minute order approves an increase of the Pay By Mail surcharge for the Central Texas Turnpike System, consisting of SH 130 (Segments 1-4), SH 45N, Loop 1 (from FM 734 to SH 45N), and SH 45SE project elements.
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) Brazoria County - Coastal Bottomlands Mitigation Bank - Consider the transfer of the interest of the department in certain tracts and the reservation of the right to use any remaining and available credits to mitigate identified adverse environmental impacts until such credits have been exhausted (MO) The Texas Parks and Wildlife Department (TPWD) has requested that the tracts be transferred to TPWD to honor a reversionary clause in the instrument that originally conveyed the interest to the department. (2) Dallas County - I-35E - Consider an exchange of right of way and replacement land acquired to mitigate adverse environmental impacts with the City of Dallas (MO) The district has determined that certain right of way and replacement land acquired to mitigate environmental impacts is not needed for a state highway purpose. The City of Dallas (city) desires to acquire that land. The district needs certain parcels of land, including denials of access, now owned by the city, for state highway purposes. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (3) Harris County - Beltway 8 - 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. Routine Minute Orders and Reports (continued) 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 2019 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2019 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2019 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 Consider the acceptance of the Quarterly Investment Report for all of the funds invested at the direction of the commission (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the IH 35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. (2) El Paso County - Consider the acceptance of the annual escalated toll rates for the Border West Expressway Project (formerly known as the Loop 375 Border Highway West Extension Project), as calculated on each toll escalation determination date (MO) This minute order accepts the annual escalated toll rates for the Border West Expressway Project, from Racetrack Drive near Doniphan Road to the terminus of the existing Loop 375, replacing the current rate tables previously set by the commission with toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. Routine Minute Orders and Reports (continued) d. Finance (continued) (3) Grimes and Montgomery Counties - Consider the acceptance of the annual escalated toll rates as calculated on the toll escalation determination date for the SH 249 System, comprised of Segment 1 of the SH 249 Extension Project extending SH 249 from FM 1774 in Pinehurst to FM 1774 in Todd Mission (MO) This minute order accepts the annual escalated toll rates for the SH 249 System in Grimes and Montgomery counties for the SH 249 System, replacing the current toll rate tables previously set by the commission with the toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. (4) Various Counties - Consider the acceptance of the annual escalated toll rates for portions of SH 99 (Grand Parkway) consisting of the tolled portion of Segment D in Harris County, Segments E, F-1, F-2, G, H, I-1, and I-2B, and for the existing tolling points on the portion of Segment I-2 from I-10 to Fisher Road (Segment I-2A), as calculated on the toll escalation determination date. Consider establishing initial toll rates for new toll gantries on the existing ramps at the intersection of Riverwalk Drive and SH 99 within Segment G (MO) This minute order accepts the annual escalated toll rates for the tolled portion of Grand Parkway Segment D in Harris County and for Segments E, F-1, F-2, G, H, I-1, and I-2B, and for the existing tolling points on Segment I-2A, replacing the current toll rate tables previously set by the commission with toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. This minute order also accepts the initial toll rates for new toll gantries which will be constructed on the existing on-ramp and off-ramp at Riverwalk Drive within Segment G, to coincide with the completion of Riverwalk Drive at its intersection of SH 99. (5) Travis and Williamson Counties - Consider the acceptance of the annual escalated toll rates for the Central Texas Turnpike System, as calculated on each toll escalation determination date (MO) This minute order accepts the annual escalated toll rates for the Central Texas Turnpike System, consisting of the SH 130 (Segments 1-4), SH 45N, Loop 1 (from FM 734 to SH 45N), and SH 45SE project elements, replacing the current rate tables previously set by the commission with toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. (6) Travis and Williamson Counties - Consider the acceptance of the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (MO) This minute order provides the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System as of August 31, 2019. Routine Minute Orders and Reports (continued) e. Transportation Planning (1) Williamson County - In Cedar Park, consider designating Old US Highway 183 as BU 183-Q and, upon the completion of construction of new US 183 along Old US Highway 183, re-designating BU 183-Q as US 183 and removing US 183 along Bell Boulevard from the state highway system (MO) This minute order: 1) designates Old US Highway 183 as BU 183-Q on the state highway system from Cedar Park Drive southward to 0.2 miles south of Buttercup Creek Boulevard, a distance of approximately 0.8 miles; 2) upon completion of the construction of the new US 183 along Old US Highway 183, re-designates BU 183-Q as US 183 on the state highway system; and 3) upon completion of the construction of the new US 183 along Old US Highway 183, removes the designation of US 183 along Bell Boulevard from the state highway system and transfers jurisdiction, control, and maintenance to the City of Cedar Park. (2) Various Counties - Consider concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 161 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional projects costs. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council. 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 14 - Executive Session, Open Comment, & Adjourn
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 September 26, 2019, regular meeting of the Texas Transportation Commission
Commission Opening Remarks
Discussion Item Request from the City of Austin for coordination with the Texas Department of Transportation on the removal of personal property from state right-of-way to ensure public safety Staff will present information on the City of Austin’s request for coordination of efforts in the removal of personal property from state highway right of way by those experiencing homelessness.
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)
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: Rules Proposals Chapter 2 - Environmental Review of Transportation Projects Amendments to §2.3, Applicability; Exceptions (General Provisions) (MO) The proposed amendments revise the applicability of the department’s Chapter 2 environmental review rules to more closely align with the applicable state statutes, which do not require the department to conduct an environmental review of projects that are not federally funded and not on the state highway system or other department-owned property.
Chapter 7 - Rail Facilities Amendments to §7.81 and §7.82, the repeal of §§7.83 - 7.95, and new §§7.83 - 7.96 (Rail Fixed Guideway System State Safety Oversight Program) (MO) The department proposes revising its current rules regarding the oversight of a rail transit agency’s rail fixed guideway system to implement requirements of the federal State Safety Oversight Final Rule codified in 49 C.F.R. Part 674. The revisions add new definitions, outline public transportation agency safety plan requirements, and clarify monthly reporting requirements.
Chapter 31 - Public Transportation Amendments to §31.3, Definitions (General), and §31.38, Public Transit Safety Program (Program Administration) (MO) The department proposes amending its current public transit safety program rules to add definitions, specify applicability, outline safety plan requirements, detail approval requirements, and identify record-keeping requirements to implement requirements of the federal Public Transportation Agency Safety Plan Final Rule codified in 49 C.F.R. Part 673. The department is also adding definitions to implement House Bill 71, 86th Legislature.
Chapter 9 - Contract and Grant Management Amendments to §9.17, Award of Contract (Highway Improvement Contracts) and §9.227, Information from Bidders (Disadvantaged Business Enterprise (DBE) Program) (MO) The proposed amendments are necessary to improve the collection of required information related to Disadvantaged Business Enterprises and to clarify the department’s existing requirement for low bidders to participate in the Department of Homeland Security’s E-Verify system.
Chapter 11 - Design Amendments to §11.52, Access Connection Facilities Process (Access Connections to State Highways) (MO) The proposed amendments modify the approval authority required for driveway permits within a district and make a minor modification to a reference to the department's Access Management Manual. Promulgation of Administrative Rules (continued)
Rules Adoption Chapter 9 - Contract and Grant Management Amendments to §9.87, Selection (Contracts for Scientific, Real Estate Appraisal, Right of Way Acquisition, and Landscape Architectural Services) (MO) The proposed amendments provide the department with more flexibility to contract for scientific, real estate appraisal, right of way acquisition, and landscape architecture services under an indefinite delivery contract.
Design-Build Contract Tarrant County - Consider authorizing the department to issue a request for qualifications to design, construct, and maintain the Southeast Connector Project, consisting of non-tolled improvements along I-20 from Forest Hill Drive to Park Springs Boulevard, I-820 from I-20 to Brentwood Stair Road, and US 287 from Bishop Street to Sublett Road, in Tarrant County (MO) (Presentation) Transportation Code §223.242 authorizes the department to enter into, in each state fiscal biennium, up to six design-build contracts for highway projects with a construction cost estimate of $150 million or more. The Southeast Connector Project (project) is the convergence zone for three separate highway facilities: I-20, I-820, and US 287. The project will improve accessibility, safety, and congestion by reconstructing the highway corridors to add non-tolled general purpose lanes, collector-distributor roads, and frontage roads. This project meets the requirements for design-build delivery.
State Infrastructure Bank Nueces County - City of Robstown - Consider final approval of a request from the City of Robstown for a State Infrastructure Bank loan in the amount of up to $300,000 for a contribution to the department to pay the costs of right of way acquisition and utility relocation necessary for a non-tolled state highway improvement project on US 77 in Nueces County (MO) The City of Robstown (city) will secure the loan with a pledge of ad valorem taxes. The loan will be used to pay the city’s costs associated with right-of-way acquisition and utility relocation necessary for a non-tolled state highway improvement project on US 77 in Nueces County. b. Palo Pinto County - Palo Pinto County Water Control and Improvement District (WCID) No. 1 - Consider final approval of a request from Palo Pinto County WCID No. 1 for a State Infrastructure Bank loan in the amount of up to $250,000 to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County (MO) Palo Pinto County WCID No. 1 will secure the loan with a pledge of ad valorem tax and water and wastewater system revenues. The loan will be used to pay the utility relocation costs necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County.
Palo Pinto County - Palo Pinto County Water Control and Improvement District (WCID) No. 1 - Consider final approval of a request from Palo Pinto County WCID No. 1 for a State Infrastructure Bank loan in the amount of up to $250,000 to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County (MO) Palo Pinto County WCID No. 1 will secure the loan with a pledge of ad valorem tax and water and wastewater system revenues. The loan will be used to pay the utility relocation costs necessary for a non-tolled state highway improvement project to widen FM 2951 in Palo Pinto County.
Project Finance Tarrant and Denton Counties - Consider authorizing the Private Activity Bond Surface Transportation Corporation (corporation) to take all actions necessary for the issuance of one or more series of bonds for a portion of the North Tarrant Express Managed Lanes Project (Segments 1 & 2W) and to loan the proceeds to the North Tarrant Express Mobility Partners (developer) to: 1) refund the outstanding corporation bonds issued to finance a portion of the project; 2) refinance the outstanding Transportation Infrastructure Financing and Innovation Act loan of the developer with the United States Department of Transportation, which loan also financed a portion of the project; and 3) finance additional costs of Segments 1 & 2W. The department will share in the gains from the refinancings in accordance with the terms of the comprehensive development agreement between the department and the developer (MO) In 2008, the commission created the Private Activity Bond Surface Transportation Corporation (corporation) to assist with the development and financing of transportation facilities. In 2009, the corporation issued $400 million in private activity bonds to finance a portion of the North Tarrant Express (NTE) Managed Lanes Project (Segments 1 & 2W). Additionally, North Tarrant Express Mobility Partners (developer) entered into a Transportation Infrastructure Financing and Innovation Act (TIFIA) loan agreement to also finance Segments 1 & 2W. The developer has requested that the corporation issue bonds to refund the outstanding private activity bonds, refinance the TIFIA loan, (both for debt service savings) and finance additional costs of Segments 1 & 2W. The minute order will authorize the corporation, subject to the approval of its board of directors and other conditions precedent, to issue bonds in one or more series and to loan the proceeds to the developer to refinance outstanding loans and bonds and finance additional project costs. Under the terms of the comprehensive development agreement (agreement) between the department and the developer for the project, the developer will pay to the department a percentage of the refinancing gains as specified in the agreement.
Truck Lane Restriction Various Counties - Consider the approval of proposed lane use restrictions for trucks on certain highways in various counties (MO) Transportation Code, §545.0651 authorizes the commission to restrict a class of vehicles to two or more lanes of a highway. This minute order establishes restrictions for trucks using designated sections of US 75 in Collin County; I-35E, I-635, and SH 183 in Dallas County; I-35E in Ellis County; I-35E in Denton County; and I-45 in Navarro County. The department worked in conjunction with local jurisdictions in these counties to develop the proposed lane restrictions.
Central Texas Turnpike System Travis and Williamson Counties - Consider the approval of a change to the toll rate schedule for the Central Texas Turnpike System to increase the Pay By Mail surcharge (MO) This minute order approves an increase of the Pay By Mail surcharge for the Central Texas Turnpike System, consisting of SH 130 (Segments 1-4), SH 45N, Loop 1 (from FM 734 to SH 45N), and SH 45SE project elements.
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) Brazoria County - Coastal Bottomlands Mitigation Bank - Consider the transfer of the interest of the department in certain tracts and the reservation of the right to use any remaining and available credits to mitigate identified adverse environmental impacts until such credits have been exhausted (MO) The Texas Parks and Wildlife Department (TPWD) has requested that the tracts be transferred to TPWD to honor a reversionary clause in the instrument that originally conveyed the interest to the department. (2) Dallas County - I-35E - Consider an exchange of right of way and replacement land acquired to mitigate adverse environmental impacts with the City of Dallas (MO) The district has determined that certain right of way and replacement land acquired to mitigate environmental impacts is not needed for a state highway purpose. The City of Dallas (city) desires to acquire that land. The district needs certain parcels of land, including denials of access, now owned by the city, for state highway purposes. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (3) Harris County - Beltway 8 - 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. Routine Minute Orders and Reports (continued) 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 2019 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2019 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2019 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 Consider the acceptance of the Quarterly Investment Report for all of the funds invested at the direction of the commission (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the IH 35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. (2) El Paso County - Consider the acceptance of the annual escalated toll rates for the Border West Expressway Project (formerly known as the Loop 375 Border Highway West Extension Project), as calculated on each toll escalation determination date (MO) This minute order accepts the annual escalated toll rates for the Border West Expressway Project, from Racetrack Drive near Doniphan Road to the terminus of the existing Loop 375, replacing the current rate tables previously set by the commission with toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. Routine Minute Orders and Reports (continued) d. Finance (continued) (3) Grimes and Montgomery Counties - Consider the acceptance of the annual escalated toll rates as calculated on the toll escalation determination date for the SH 249 System, comprised of Segment 1 of the SH 249 Extension Project extending SH 249 from FM 1774 in Pinehurst to FM 1774 in Todd Mission (MO) This minute order accepts the annual escalated toll rates for the SH 249 System in Grimes and Montgomery counties for the SH 249 System, replacing the current toll rate tables previously set by the commission with the toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. (4) Various Counties - Consider the acceptance of the annual escalated toll rates for portions of SH 99 (Grand Parkway) consisting of the tolled portion of Segment D in Harris County, Segments E, F-1, F-2, G, H, I-1, and I-2B, and for the existing tolling points on the portion of Segment I-2 from I-10 to Fisher Road (Segment I-2A), as calculated on the toll escalation determination date. Consider establishing initial toll rates for new toll gantries on the existing ramps at the intersection of Riverwalk Drive and SH 99 within Segment G (MO) This minute order accepts the annual escalated toll rates for the tolled portion of Grand Parkway Segment D in Harris County and for Segments E, F-1, F-2, G, H, I-1, and I-2B, and for the existing tolling points on Segment I-2A, replacing the current toll rate tables previously set by the commission with toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. This minute order also accepts the initial toll rates for new toll gantries which will be constructed on the existing on-ramp and off-ramp at Riverwalk Drive within Segment G, to coincide with the completion of Riverwalk Drive at its intersection of SH 99. (5) Travis and Williamson Counties - Consider the acceptance of the annual escalated toll rates for the Central Texas Turnpike System, as calculated on each toll escalation determination date (MO) This minute order accepts the annual escalated toll rates for the Central Texas Turnpike System, consisting of the SH 130 (Segments 1-4), SH 45N, Loop 1 (from FM 734 to SH 45N), and SH 45SE project elements, replacing the current rate tables previously set by the commission with toll rate tables that escalate the toll rates on January 1, 2020, based on the annual toll rate escalation percentage. (6) Travis and Williamson Counties - Consider the acceptance of the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (MO) This minute order provides the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System as of August 31, 2019. Routine Minute Orders and Reports (continued) e. Transportation Planning (1) Williamson County - In Cedar Park, consider designating Old US Highway 183 as BU 183-Q and, upon the completion of construction of new US 183 along Old US Highway 183, re-designating BU 183-Q as US 183 and removing US 183 along Bell Boulevard from the state highway system (MO) This minute order: 1) designates Old US Highway 183 as BU 183-Q on the state highway system from Cedar Park Drive southward to 0.2 miles south of Buttercup Creek Boulevard, a distance of approximately 0.8 miles; 2) upon completion of the construction of the new US 183 along Old US Highway 183, re-designates BU 183-Q as US 183 on the state highway system; and 3) upon completion of the construction of the new US 183 along Old US Highway 183, removes the designation of US 183 along Bell Boulevard from the state highway system and transfers jurisdiction, control, and maintenance to the City of Cedar Park. (2) Various Counties - Consider concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 161 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional projects costs. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council. 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 14 - Executive Session, Open Comment, & Adjourn
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