10:00 A.M. CONVENE MEETING
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting
Opening Remarks
Consider the approval of the Minutes of the December 10, 2020, regular meeting of the Texas Transportation Commission
Opening Remarks
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 Unified Transportation Program (UTP) Development of the 2022 UTP planning targets (Presentation) The UTP is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2022 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2022 UTP.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds to rural transit districts. The Federal Transit Administration (FTA) apportioned additional §5311 funds based on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (MO) The awards identified in this minute order reflect the second allocation to rural transit districts of FTA §5311 Formula Grants for Rural Areas Program funds based on the CARES Act to prevent, prepare for, and respond to COVID-19.
El Paso County - Camino Real Regional Mobility Authority - Consider preliminary approval of a request from Camino Real Regional Mobility Authority for a State Infrastructure Bank loan in the amount of up to $30,000,000 for a contribution to the department to pay for the costs of construction necessary for a non-tolled state highway improvement project to widen I-10 and reconstruct frontage roads in El Paso County, Texas (MO) (Map) Camino Real Regional Mobility Authority (CRRMA) will secure the loan with a pledge of Transportation Reinvestment Zone tax revenue provided by the City of El Paso. The loan will be used to pay the CRRMA’s contribution to the department for the costs of construction of a nontolled state highway improvement project to widen I-10 and reconstruct frontage roads in El Paso County, Texas.
Angelina County - City of Diboll - Consider final approval of a request from the City of Diboll for a State Infrastructure Bank loan in the amount of up to $225,000 for a contribution to the department to pay for the costs of construction necessary for a nontolled state highway improvement project to construct a four lane freeway at Diboll (future I-69) in Angelina County, Texas (MO) (Map) The City of Diboll (City) will secure the loan with a pledge of ad-valorem taxes. The loan will be used to pay the City’s contribution to the department associated with the construction of a nontolled state highway improvement project to construct a four lane freeway at Diboll (future I-69) in Angelina County, Texas.
Wharton County - City of Wharton - Consider final approval of a request from the City of Wharton for a State Infrastructure Bank loan in the amount of up to $15,000,000 to pay for the costs of right of way acquisition, engineering, and construction necessary for a non-tolled project to extend FM 1301 at SH 60 to US 59 in Wharton County, Texas (MO) (Map) The City of Wharton (City) will secure the loan with a pledge of ad-valorem taxes and limited net revenues. The loan will be used to pay the City’s costs associated with the right of way acquisition, engineering, and construction of a non-tolled project to extend FM 1301 at SH 60 to US 59 in Wharton County, Texas.
Brazos County - Texas Department of Transportation v. B.V.S. Construction, Inc., Ricky J. Palasota, et al. - Consider action on proposal for decision by administrative law judge concerning the department’s decision to revoke Aggregate Quarry and Pit Safety Certificate 1044 held by B.V.S. Construction, Inc. and Ricky Palasota, final order (MO) The department sought to revoke Aggregate Quarry and Pit Safety Certificate 1044 after multiple cited violations. After a hearing on the matter, the State Office of Administrative Hearings recommended that the department may revoke the certificate.
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 (continued) 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) Denton County - I-35E - 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. (2) Hunt County - FM 2642 - Consider an easement release to the underlying fee owner (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owner. 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 2021 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, metropolitan planning organization, and statewide program, of the FY 2021 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 2021 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (4) Annual Financial Report Texas Department of Transportation Comprehensive Annual Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2020 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually. (5) Texas Mobility Fund Audited financial statements of the Texas Mobility Fund as required by the governing master resolution (Report) The master resolution governing the issuance of Texas Mobility Fund (TMF) bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2020. (6) Central Texas Turnpike System Travis and Williamson Counties - Audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (Report) The Indenture of Trust (Indenture) that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the Central Texas Turnpike System, a toll project comprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2020. d. Land Acquisitions for Facilities Various Counties - Consider the grant of authority to the department to acquire real property for facilities (MO) The department is in the process of acquiring real property for the construction of new facilities and the expansion of existing facility sites. Funds for the purchase of these properties were appropriated by the 86th Legislature, General Appropriations Act for the 2020-21 Biennium. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. e. Easement Agreement Travis County - Authorize the executive director to enter into a non-exclusive easement agreement with the Texas Public Finance Authority (TPFA) for the property at 6230 East Stassney Lane, Austin, Travis County, in connection with TPFA’s financing of improvements on the property (MO) Transportation Code, Chapter 202, authorizes the commission to authorize the executive director to execute an instrument conveying the state’s interest in property with a fair value of less than $10,000 without a recommendation to the governor. The non-exclusive easement will authorize TPFA access and use of the property only if TPFA exercises any remedial rights under a separate agreement between the parties regarding the financing of the improvements on the property. 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 10 - 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
10:00 A.M. CONVENE MEETING
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting
Opening Remarks
Consider the approval of the Minutes of the December 10, 2020, regular meeting of the Texas Transportation Commission
Opening Remarks
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 Unified Transportation Program (UTP) Development of the 2022 UTP planning targets (Presentation) The UTP is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2022 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2022 UTP.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds to rural transit districts. The Federal Transit Administration (FTA) apportioned additional §5311 funds based on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (MO) The awards identified in this minute order reflect the second allocation to rural transit districts of FTA §5311 Formula Grants for Rural Areas Program funds based on the CARES Act to prevent, prepare for, and respond to COVID-19.
El Paso County - Camino Real Regional Mobility Authority - Consider preliminary approval of a request from Camino Real Regional Mobility Authority for a State Infrastructure Bank loan in the amount of up to $30,000,000 for a contribution to the department to pay for the costs of construction necessary for a non-tolled state highway improvement project to widen I-10 and reconstruct frontage roads in El Paso County, Texas (MO) (Map) Camino Real Regional Mobility Authority (CRRMA) will secure the loan with a pledge of Transportation Reinvestment Zone tax revenue provided by the City of El Paso. The loan will be used to pay the CRRMA’s contribution to the department for the costs of construction of a nontolled state highway improvement project to widen I-10 and reconstruct frontage roads in El Paso County, Texas.
Angelina County - City of Diboll - Consider final approval of a request from the City of Diboll for a State Infrastructure Bank loan in the amount of up to $225,000 for a contribution to the department to pay for the costs of construction necessary for a nontolled state highway improvement project to construct a four lane freeway at Diboll (future I-69) in Angelina County, Texas (MO) (Map) The City of Diboll (City) will secure the loan with a pledge of ad-valorem taxes. The loan will be used to pay the City’s contribution to the department associated with the construction of a nontolled state highway improvement project to construct a four lane freeway at Diboll (future I-69) in Angelina County, Texas.
Wharton County - City of Wharton - Consider final approval of a request from the City of Wharton for a State Infrastructure Bank loan in the amount of up to $15,000,000 to pay for the costs of right of way acquisition, engineering, and construction necessary for a non-tolled project to extend FM 1301 at SH 60 to US 59 in Wharton County, Texas (MO) (Map) The City of Wharton (City) will secure the loan with a pledge of ad-valorem taxes and limited net revenues. The loan will be used to pay the City’s costs associated with the right of way acquisition, engineering, and construction of a non-tolled project to extend FM 1301 at SH 60 to US 59 in Wharton County, Texas.
Brazos County - Texas Department of Transportation v. B.V.S. Construction, Inc., Ricky J. Palasota, et al. - Consider action on proposal for decision by administrative law judge concerning the department’s decision to revoke Aggregate Quarry and Pit Safety Certificate 1044 held by B.V.S. Construction, Inc. and Ricky Palasota, final order (MO) The department sought to revoke Aggregate Quarry and Pit Safety Certificate 1044 after multiple cited violations. After a hearing on the matter, the State Office of Administrative Hearings recommended that the department may revoke the certificate.
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 (continued) 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) Denton County - I-35E - 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. (2) Hunt County - FM 2642 - Consider an easement release to the underlying fee owner (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owner. 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 2021 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, metropolitan planning organization, and statewide program, of the FY 2021 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 2021 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (4) Annual Financial Report Texas Department of Transportation Comprehensive Annual Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2020 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually. (5) Texas Mobility Fund Audited financial statements of the Texas Mobility Fund as required by the governing master resolution (Report) The master resolution governing the issuance of Texas Mobility Fund (TMF) bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2020. (6) Central Texas Turnpike System Travis and Williamson Counties - Audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (Report) The Indenture of Trust (Indenture) that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the Central Texas Turnpike System, a toll project comprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2020. d. Land Acquisitions for Facilities Various Counties - Consider the grant of authority to the department to acquire real property for facilities (MO) The department is in the process of acquiring real property for the construction of new facilities and the expansion of existing facility sites. Funds for the purchase of these properties were appropriated by the 86th Legislature, General Appropriations Act for the 2020-21 Biennium. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. e. Easement Agreement Travis County - Authorize the executive director to enter into a non-exclusive easement agreement with the Texas Public Finance Authority (TPFA) for the property at 6230 East Stassney Lane, Austin, Travis County, in connection with TPFA’s financing of improvements on the property (MO) Transportation Code, Chapter 202, authorizes the commission to authorize the executive director to execute an instrument conveying the state’s interest in property with a fair value of less than $10,000 without a recommendation to the governor. The non-exclusive easement will authorize TPFA access and use of the property only if TPFA exercises any remedial rights under a separate agreement between the parties regarding the financing of the improvements on the property. 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 10 - 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