10:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the August 30, 2021, special meeting and the August 31, 2021, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Materials and Tests Division Director Miles R. Garrison, P.E., for 38 years of service to the department
Recognize by resolution Childress District Engineer Martin R. Smith, P.E., for 38 years of service to the department
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 funding for general aviation airports from the American Rescue Plan Act (MO) The awards identified in this minute order reflect the American Rescue Plan Act allocation to federally eligible general aviation airports in Texas to prevent, prepare for, and respond to COVID-19.
Advisory Committee Appointments Aviation Advisory Committee Consider the appointment of members to the Aviation Advisory Committee (MO) The commission shall appoint each member for a term not to exceed three years. This minute order approves the appointment of members to the Aviation Advisory Committee to fill the vacated terms.
Bicycle and Pedestrian Advisory Committee Consider the appointment of members to the Bicycle and Pedestrian Advisory Committee (MO) The Bicycle and Pedestrian Advisory Committee advises the commission on bicycle and pedestrian issues and matters of mutual concern between the department and the bicycling and pedestrian communities. By involving representatives of the public, including bicyclists, pedestrians, and other interested parties, the department helps ensure effective communication with the bicycling and pedestrian communities, and that the bicyclist’s and pedestrian’s perspective will be considered in the development of departmental policies related to bicycle use and pedestrian activity, including the design, construction, and maintenance of highways.
Border Trade Advisory Committee Consider the appointment of members to the Border Trade Advisory Committee (MO) This minute order appoints members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, to address the highest priority border trade transportation challenges.
State Infrastructure Bank Comal County - City of Garden Ridge - Consider final approval of a request from the City of Garden Ridge for a State Infrastructure Bank loan in the amount of up to $620,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 2252 in Comal County, Texas (MO) (Map) City of Garden Ridge (City) will secure the loan with a pledge of utility system net revenues. The loan will be used to pay the City’s costs associated with the utility relocation necessary for a non-tolled state highway improvement project to widen FM 2252 in Comal 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 $5,500,000 to pay for the costs of utility relocation necessary for a non-tolled project to upgrade US 59 to a rural freeway (Future I-69) in Wharton County, Texas (MO) (Map) City of Wharton (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 utility relocation of a non-tolled project to upgrade US 59 to a rural freeway (Future I-69) in Wharton County, Texas.
Cherokee County - West Jacksonville Water Supply Corporation - Consider final approval of a request from West Jacksonville Water Supply Corporation for a State Infrastructure Bank loan in the amount of up to $1,443,300 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen US 175 in Cherokee County, Texas (MO) (Map) West Jacksonville Water Supply Corporation (WSC) will secure the loan with a pledge of contract revenues and water revenues. The loan will be used to pay the WSC’s costs associated with the utility relocation necessary for a non-tolled state highway improvement project to widen US 175 in Cherokee County, Texas.
Veteran Discount Program Various Counties - Consider the approval of costs for the FY 2022-FY 2023 biennium associated with the Veteran Discount Program on the Central Texas Turnpike System, to be funded with payments received from SH 130 Concession Company, LLC in accordance with the SH 130, Segments 5&6 Facility Concession Agreement, and interest earned on those payments (SH 130 payments), and the allocation of funds from the SH 130 payments to that program and project (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 130 payments. This minute order authorizes certain program costs on the CTTS to be funded with those payments.
Audit Plan Consider the approval of the Internal Audit Plan for Fiscal Year 2022 and determine whether adequate resources have been dedicated to the Internal Audit Program (MO) (Presentation) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The Internal Audit Plan must be approved by the commission. In addition, the commission must review the resources dedicated to the Internal Audit Program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
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) Harris County - US 59 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Humble, Texas (MO) The district has determined that a segment of roadway is no longer needed. The City of Humble (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (2) Hays County - I-35 - 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) Hays County - I-35 - 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. (4) Hays County - I-35 - 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. (5) Hays County - I-35 - 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. (6) Hays County - I-35 - 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. (7) Hays County - I-35 - 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. (8) Hays County - I-35 - 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. (9) Hays County - I-35 - 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. (10) Hays County - I-35 - 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. (11) Hays County - I-35 - 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) Dallas and Denton Counties - Annual Inspection Report for the I-35E Managed Lanes Project (report) The commission financed a portion of the costs of the project through a Transportation Infrastructure Finance and Innovation Act loan evidenced by a note issued pursuant to a trust agreement. In accordance with Section 504 of the trust agreement, the commission caused the general engineering consultant to make an inspection of the project on or before the 90th day prior to the end of the fiscal year and to submit a report to the commission. A copy of the report shall be filed with the trustee. d. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 12 - Executive Session, Open Comment, & Adjourn
12. 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
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the August 30, 2021, special meeting and the August 31, 2021, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Materials and Tests Division Director Miles R. Garrison, P.E., for 38 years of service to the department
Recognize by resolution Childress District Engineer Martin R. Smith, P.E., for 38 years of service to the department
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 funding for general aviation airports from the American Rescue Plan Act (MO) The awards identified in this minute order reflect the American Rescue Plan Act allocation to federally eligible general aviation airports in Texas to prevent, prepare for, and respond to COVID-19.
Advisory Committee Appointments Aviation Advisory Committee Consider the appointment of members to the Aviation Advisory Committee (MO) The commission shall appoint each member for a term not to exceed three years. This minute order approves the appointment of members to the Aviation Advisory Committee to fill the vacated terms.
Bicycle and Pedestrian Advisory Committee Consider the appointment of members to the Bicycle and Pedestrian Advisory Committee (MO) The Bicycle and Pedestrian Advisory Committee advises the commission on bicycle and pedestrian issues and matters of mutual concern between the department and the bicycling and pedestrian communities. By involving representatives of the public, including bicyclists, pedestrians, and other interested parties, the department helps ensure effective communication with the bicycling and pedestrian communities, and that the bicyclist’s and pedestrian’s perspective will be considered in the development of departmental policies related to bicycle use and pedestrian activity, including the design, construction, and maintenance of highways.
Border Trade Advisory Committee Consider the appointment of members to the Border Trade Advisory Committee (MO) This minute order appoints members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, to address the highest priority border trade transportation challenges.
State Infrastructure Bank Comal County - City of Garden Ridge - Consider final approval of a request from the City of Garden Ridge for a State Infrastructure Bank loan in the amount of up to $620,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 2252 in Comal County, Texas (MO) (Map) City of Garden Ridge (City) will secure the loan with a pledge of utility system net revenues. The loan will be used to pay the City’s costs associated with the utility relocation necessary for a non-tolled state highway improvement project to widen FM 2252 in Comal 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 $5,500,000 to pay for the costs of utility relocation necessary for a non-tolled project to upgrade US 59 to a rural freeway (Future I-69) in Wharton County, Texas (MO) (Map) City of Wharton (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 utility relocation of a non-tolled project to upgrade US 59 to a rural freeway (Future I-69) in Wharton County, Texas.
Cherokee County - West Jacksonville Water Supply Corporation - Consider final approval of a request from West Jacksonville Water Supply Corporation for a State Infrastructure Bank loan in the amount of up to $1,443,300 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen US 175 in Cherokee County, Texas (MO) (Map) West Jacksonville Water Supply Corporation (WSC) will secure the loan with a pledge of contract revenues and water revenues. The loan will be used to pay the WSC’s costs associated with the utility relocation necessary for a non-tolled state highway improvement project to widen US 175 in Cherokee County, Texas.
Veteran Discount Program Various Counties - Consider the approval of costs for the FY 2022-FY 2023 biennium associated with the Veteran Discount Program on the Central Texas Turnpike System, to be funded with payments received from SH 130 Concession Company, LLC in accordance with the SH 130, Segments 5&6 Facility Concession Agreement, and interest earned on those payments (SH 130 payments), and the allocation of funds from the SH 130 payments to that program and project (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 130 payments. This minute order authorizes certain program costs on the CTTS to be funded with those payments.
Audit Plan Consider the approval of the Internal Audit Plan for Fiscal Year 2022 and determine whether adequate resources have been dedicated to the Internal Audit Program (MO) (Presentation) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The Internal Audit Plan must be approved by the commission. In addition, the commission must review the resources dedicated to the Internal Audit Program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
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) Harris County - US 59 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Humble, Texas (MO) The district has determined that a segment of roadway is no longer needed. The City of Humble (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (2) Hays County - I-35 - 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) Hays County - I-35 - 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. (4) Hays County - I-35 - 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. (5) Hays County - I-35 - 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. (6) Hays County - I-35 - 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. (7) Hays County - I-35 - 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. (8) Hays County - I-35 - 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. (9) Hays County - I-35 - 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. (10) Hays County - I-35 - 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. (11) Hays County - I-35 - 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) Dallas and Denton Counties - Annual Inspection Report for the I-35E Managed Lanes Project (report) The commission financed a portion of the costs of the project through a Transportation Infrastructure Finance and Innovation Act loan evidenced by a note issued pursuant to a trust agreement. In accordance with Section 504 of the trust agreement, the commission caused the general engineering consultant to make an inspection of the project on or before the 90th day prior to the end of the fiscal year and to submit a report to the commission. A copy of the report shall be filed with the trustee. d. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 12 - Executive Session, Open Comment, & Adjourn
12. 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