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 January 27, 2021, special meeting and the January 28, 2021, 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)
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding and federal apportionment grant funding for airport improvement projects at various locations (MO) 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.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds to intercity bus carriers (MO) The awards identified in this minute order reflect the allocation of Federal Transit Administration §5311 Formula Grants for Rural Areas Program funds to intercity bus carriers based on responses to the Intercity Bus Supplemental Call for Projects for Emergency Relief Funding.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 1 - Management Amendments to §1.85, Department Advisory Committees (Advisory Committees) (MO) In Minute Order 115565, the commission charged the Bicycle Advisory Committee (BAC) to review and make recommendations on expanding the charge of the BAC to address a wider range of related transportation service options, including pedestrian options and personal mobility devices. The rule amendments expand the scope of the BAC based on the BAC’s recommendations in response to the commission’s charge.
Chapter 9 - Contract and Grant Management Amendments to §9.130 and §9.131, Repeal of §§9.132 - 9.139, and new §§9.132 - 9.135 (Grant Sanctions) (MO) This minute order proposes amendments to department rules regarding imposing grant sanctions on a subgrantee for failure to comply with federal or state law or grant requirements. Proposed amendments replace language regarding grant sanctions with remedies for noncompliance to align with federal regulations and other department rules.
State Infrastructure Bank El Paso County - Camino Real Regional Mobility Authority - Consider final 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) Camino Real Regional Mobility Authority (CRRMA) will secure the loan with a pledge of Transportation Reinvestment Zone Number Two tax revenue and the City of El Paso’s (City) contractual agreement to pay debt service from the City’s available funds if other monies are not available or sufficient. The loan will be used to pay the CRRMA’s contribution to the department for the costs of construction of a non-tolled state highway improvement project to widen I-10 and reconstruct frontage roads in El Paso County, Texas.
Johnson County - City of Grandview - Consider final approval of a request from the City of Grandview for a State Infrastructure Bank loan in the amount of up to $200,000 for a contribution to the department to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to reconstruct FM 4 in Johnson County, Texas (MO) The City of Grandview (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 utility relocation of a non-tolled state improvement project to reconstruct FM 4 in Johnson County, Texas.
Montgomery County - City of Magnolia - Consider final approval of a request from the City of Magnolia for a State Infrastructure Bank loan in the amount of up to $1,092,500 for a contribution to the department and to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas (MO) The City of Magnolia (City) will secure the loan with a pledge of utility fee revenue. The loan will be used to pay the City’s contribution to the department and costs associated with the utility relocation of a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas.
Contested Case Lampasas, Montgomery, Jackson, and Fayette Counties - Texas Department of Transportation v. John Gannon, Inc. - Consider action on proposal for decision by administrative law judge concerning cancellation of outdoor advertising permits and assessment of administrative penalties, final order (MO) The department issued orders cancelling Outdoor Advertising Permit Nos. 17-00196, I7-00317, HBA-26375 and HBA-25622, and assessing administrative penalties against the same. After an appeal by the permit holder, John Gannon, Inc, The State Office of Administrative Hearings recommends that the department may cancel Outdoor Advertising Permit No. HBA-25622 and assess a total of $235,500 in administrative penalties against Outdoor Advertising Permit Nos. 17-00196, I7-00317, and HBA-26375.
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 - SL 1604 - 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. (2) Bexar County - SL 1604 - 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. (3) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (4) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (5) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (6) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (7) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (8) Dallas County - US 175 - 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. (9) Harris County - I-45 - 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. (10) Liberty County - FM 834 - Consider the transfer of an easement (MO) The district has determined that the easement is no longer needed for highway purposes. The Hardin Independent School District has requested the transfer of the easement. The easement may be transferred to the requester. (11) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (12) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (13) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (14) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (15) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (16) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (17) Travis County - SH 130 - 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. 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. (3) Grimes and Montgomery Counties - Quarterly Construction Progress Report for the State Highway 249 System (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement dated February 1, 2019, between the commission and U.S. Bank National Association (trustee). In accordance with Section 407 of the trust agreement, the commission has caused the general engineering consultant to prepare a construction progress report at least quarterly and to file the report with the commission. A copy of the report has been filed with the trustee and the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (4) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) This is a presentation 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 I-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. (5) Travis and Williamson Counties- Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust indenture. In accordance with Section 501(c) of the trust indenture, the commission covenants that for the first five full years of operation of the system, the commission will provide to the trustee a report showing the traffic and revenue of the system for the previous quarter. The commission may discontinue the reports because the revenues for the previous two years have been sufficient to meet the rate covenant; however, the commission has not exercised its option to discontinue the reports. A copy of the report is being filed with the trustee and the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. d. Highway Designation El Paso County - In the city of El Paso, consider designating State Spur 320 on a new location on the state highway system (MO) This minute order designates State Spur 320 on the state highway system from FM 3255 (Martin Luther King Jr. Boulevard) and 0.5 miles south of the Texas/New Mexico border to SL 375, 1.8 miles east of the Railroad Drive overpass, a distance of approximately 9.3 miles. e. Economically Disadvantaged Counties Program Various Counties - Consider the approval of the Fiscal Year 2020 Annual Report on the Economically Disadvantaged Counties Program (MO) State law requires the commission to provide an annual report on the Economically Disadvantaged Counties Program to the governor, the lieutenant governor, and the speaker of the House of Representatives. This report documents the use of matching funds and local incentives as well as the savings to counties participating in the program. f. Land Acquisitions for Facilities Henderson County - 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 property. g. Rail Clearance Deviations Consider the approval of rail clearance deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The department has reviewed the applications and seeks approval of these waivers. h. Designation of Access Control Harris County - I-69, in the City of Houston - Consider the designation of one location on the I-69 eastbound frontage road at which access will be permitted to the abutting property (MO) The designation of one 42.40-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the I-69 eastbound frontage road. The district has determined that access may be permitted at the designated location. i. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 11 - Executive Session, Open Comment, & Adjourn
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Deliberate on the search for a new executive director of the Texas Department of Transportation 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 January 27, 2021, special meeting and the January 28, 2021, 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)
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding and federal apportionment grant funding for airport improvement projects at various locations (MO) 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.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds to intercity bus carriers (MO) The awards identified in this minute order reflect the allocation of Federal Transit Administration §5311 Formula Grants for Rural Areas Program funds to intercity bus carriers based on responses to the Intercity Bus Supplemental Call for Projects for Emergency Relief Funding.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 1 - Management Amendments to §1.85, Department Advisory Committees (Advisory Committees) (MO) In Minute Order 115565, the commission charged the Bicycle Advisory Committee (BAC) to review and make recommendations on expanding the charge of the BAC to address a wider range of related transportation service options, including pedestrian options and personal mobility devices. The rule amendments expand the scope of the BAC based on the BAC’s recommendations in response to the commission’s charge.
Chapter 9 - Contract and Grant Management Amendments to §9.130 and §9.131, Repeal of §§9.132 - 9.139, and new §§9.132 - 9.135 (Grant Sanctions) (MO) This minute order proposes amendments to department rules regarding imposing grant sanctions on a subgrantee for failure to comply with federal or state law or grant requirements. Proposed amendments replace language regarding grant sanctions with remedies for noncompliance to align with federal regulations and other department rules.
State Infrastructure Bank El Paso County - Camino Real Regional Mobility Authority - Consider final 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) Camino Real Regional Mobility Authority (CRRMA) will secure the loan with a pledge of Transportation Reinvestment Zone Number Two tax revenue and the City of El Paso’s (City) contractual agreement to pay debt service from the City’s available funds if other monies are not available or sufficient. The loan will be used to pay the CRRMA’s contribution to the department for the costs of construction of a non-tolled state highway improvement project to widen I-10 and reconstruct frontage roads in El Paso County, Texas.
Johnson County - City of Grandview - Consider final approval of a request from the City of Grandview for a State Infrastructure Bank loan in the amount of up to $200,000 for a contribution to the department to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to reconstruct FM 4 in Johnson County, Texas (MO) The City of Grandview (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 utility relocation of a non-tolled state improvement project to reconstruct FM 4 in Johnson County, Texas.
Montgomery County - City of Magnolia - Consider final approval of a request from the City of Magnolia for a State Infrastructure Bank loan in the amount of up to $1,092,500 for a contribution to the department and to pay the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas (MO) The City of Magnolia (City) will secure the loan with a pledge of utility fee revenue. The loan will be used to pay the City’s contribution to the department and costs associated with the utility relocation of a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas.
Contested Case Lampasas, Montgomery, Jackson, and Fayette Counties - Texas Department of Transportation v. John Gannon, Inc. - Consider action on proposal for decision by administrative law judge concerning cancellation of outdoor advertising permits and assessment of administrative penalties, final order (MO) The department issued orders cancelling Outdoor Advertising Permit Nos. 17-00196, I7-00317, HBA-26375 and HBA-25622, and assessing administrative penalties against the same. After an appeal by the permit holder, John Gannon, Inc, The State Office of Administrative Hearings recommends that the department may cancel Outdoor Advertising Permit No. HBA-25622 and assess a total of $235,500 in administrative penalties against Outdoor Advertising Permit Nos. 17-00196, I7-00317, and HBA-26375.
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 - SL 1604 - 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. (2) Bexar County - SL 1604 - 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. (3) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (4) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (5) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (6) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (7) Brazoria County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (8) Dallas County - US 175 - 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. (9) Harris County - I-45 - 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. (10) Liberty County - FM 834 - Consider the transfer of an easement (MO) The district has determined that the easement is no longer needed for highway purposes. The Hardin Independent School District has requested the transfer of the easement. The easement may be transferred to the requester. (11) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (12) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (13) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (14) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (15) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (16) Matagorda County - Gulf Intracoastal Waterway - Consider granting an easement to the United States of America and its assigns, acting by and through the U.S. Army Corps of Engineers (MO) The Maritime Division has determined that the easement is needed for valid purposes under the law. A 50-year easement may be granted with an early termination clause. (17) Travis County - SH 130 - 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. 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. (3) Grimes and Montgomery Counties - Quarterly Construction Progress Report for the State Highway 249 System (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement dated February 1, 2019, between the commission and U.S. Bank National Association (trustee). In accordance with Section 407 of the trust agreement, the commission has caused the general engineering consultant to prepare a construction progress report at least quarterly and to file the report with the commission. A copy of the report has been filed with the trustee and the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (4) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) This is a presentation 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 I-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. (5) Travis and Williamson Counties- Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust indenture. In accordance with Section 501(c) of the trust indenture, the commission covenants that for the first five full years of operation of the system, the commission will provide to the trustee a report showing the traffic and revenue of the system for the previous quarter. The commission may discontinue the reports because the revenues for the previous two years have been sufficient to meet the rate covenant; however, the commission has not exercised its option to discontinue the reports. A copy of the report is being filed with the trustee and the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. d. Highway Designation El Paso County - In the city of El Paso, consider designating State Spur 320 on a new location on the state highway system (MO) This minute order designates State Spur 320 on the state highway system from FM 3255 (Martin Luther King Jr. Boulevard) and 0.5 miles south of the Texas/New Mexico border to SL 375, 1.8 miles east of the Railroad Drive overpass, a distance of approximately 9.3 miles. e. Economically Disadvantaged Counties Program Various Counties - Consider the approval of the Fiscal Year 2020 Annual Report on the Economically Disadvantaged Counties Program (MO) State law requires the commission to provide an annual report on the Economically Disadvantaged Counties Program to the governor, the lieutenant governor, and the speaker of the House of Representatives. This report documents the use of matching funds and local incentives as well as the savings to counties participating in the program. f. Land Acquisitions for Facilities Henderson County - 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 property. g. Rail Clearance Deviations Consider the approval of rail clearance deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. The department has reviewed the applications and seeks approval of these waivers. h. Designation of Access Control Harris County - I-69, in the City of Houston - Consider the designation of one location on the I-69 eastbound frontage road at which access will be permitted to the abutting property (MO) The designation of one 42.40-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the I-69 eastbound frontage road. The district has determined that access may be permitted at the designated location. i. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 11 - Executive Session, Open Comment, & Adjourn
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Deliberate on the search for a new executive director of the Texas Department of Transportation 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