10:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the October 28, 2021, regular meeting of the Texas Transportation Commission
Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Highway Improvement and Other Transportation Facilities Rescind award of and reject Harrison County Project BR 2021(433), previously awarded May 27, 2021, by Minute Order 116019 (see attached itemized list) (MO) It is necessary to rescind the previous award of Harrison County Project BR 2021(433) and reject all bids on the respective project in the best interest of the state.
Routine Maintenance (see attached itemized list) (MO)
Discussion Item 117th Congress (2021-2022), Infrastructure Investment and Jobs Act (Presentation) On November 8, 2021, the United States Congress passed the Infrastructure Investment and Jobs Act (IIJA). Staff will provide a general overview of the enactment of the federal five-year surface transportation program authorization included in the IIJA, including increased funding levels, new programs, and the Act’s anticipated impact on TxDOT.
Chapter 1 - Management Amendments to §1.84 and §1.88 and Repeal of §1.90 (Advisory Committees) (MO) The proposed amendments extend the sunset dates for statutory and department advisory committees, add provisions relating to the I-27 Advisory Committee, which was established by S.B. 1474, 87th Legislature, and an urban air mobility advisory committee, as required by S.B. 763, 87th Legislature, and repeal, as executed, a rule relating to advisory committees that assisted the department in conducting a comprehensive study on the Ports-to-Plains Corridor.
Chapter 15 - Financing and Construction of Transportation Projects New §§15.140-15.147, State Scenic Byways Program (MO) Senate Bill 941, 87th Legislature, requires the department to establish a State Scenic Byways Program to allow the state and local communities to participate in the National Scenic Byway Program, which is designed to recognize, preserve, and enhance roads possessing certain intrinsic qualities. The department is required to establish processes to designate State Scenic Byways and receive and submit applications for federal designation and grant funding.
Urban Air Mobility Advisory Committee Consider the appointment of members to the Urban Air Mobility Advisory Committee (MO) As required by SB 763 of the 87th Texas Legislature, “the commission shall appoint an advisory committee to assess current state law and any potential changes to state law that are needed to facilitate the development of urban air mobility operations and infrastructure in this state.” This minute order approves the appointment of all members of the advisory committee, which will be abolished no later than January 1, 2023, as required by statute.
Gregg County - City of White Oak - Consider final approval of a request from the City of White Oak for a State Infrastructure Bank loan in the amount of up to $2,950,000 to pay for the costs of utility relocation and for a contribution to the department to pay for the costs of right-of-way acquisition necessary for a non-tolled state highway improvement project to widen SH 42 in Gregg County, Texas (MO) (Map) City of White Oak (City) will secure the loan with a pledge of utility revenues. The loan will be used to pay the City’s costs associated with utility relocation and the City’s contribution to the department associated with the right-of-way acquisition necessary for a non-tolled state highway improvement project to widen SH 42 in Gregg County, Texas.
Ellis County - Rockett Special Utility District - Consider final approval of a request from the Rockett Special Utility District for a State Infrastructure Bank loan in the amount of up to $9,050,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 664 from I-35E to I-45 in Ellis County, Texas (MO) (Map) Rockett Special Utility District (SUD) will secure the loan with a pledge of subordinate lien net revenues. The loan will be used to pay the SUD’s costs associated with utility relocation necessary for a non-tolled state highway improvement project to widen FM 664 from I-35E to I-45 in Ellis County, Texas.
Design-Build Contract Tarrant County - Consider approving the selection of the proposer who submitted the best value, best and final offer proposal and the conditional award of a design-build contract and a corresponding capital maintenance contract to the selected proposer, for the design, construction, and maintenance of the Southeast Connector Project, consisting of non-tolled improvements along I-20 from Forest Hill Drive to Park Springs Boulevard, I-820 from I-20 to Brentwood Stair Road, and US 287 from Bishop Street to Sublett Road, in Tarrant County (MO) (Presentation) On May 28, 2020, in Minute Order 115748, the commission authorized the department to issue a request for proposals to design, construct, and maintain the Southeast Connector Project. The department received three proposals on May 6, 2021, but determined that the price submitted by each proposer was too high. The department requested a revised proposal from each of the three proposer teams. The department has completed its review and evaluation of proposals and is presenting its best value recommendation to the commission.
Municipal Utility Relocation Reimbursement Cherokee County - Consider the approval of a request from City of Cuney to make the relocation of City of Cuney’s utility facilities required by the US 175 highway improvement project an expense of the state under Transportation Code 203.092(a-4) (MO) Texas Administrative Code, Chapter 21, Subchapter B, Rule 21.25 sets forth the requirements for a utility to qualify for reimbursement under this program. Payment for this relocation will not cause the department to exceed $10 million in any fiscal year. The utility is a political subdivision with a financial condition that prevents the utility from being able to pay the cost in full or part or, if paid at that time, the payment would adversely affect the utility’s ability to operate or provide essential services to its customers. The utility is unable to receive a state infrastructure bank loan to finance the cost of the relocation and is otherwise unable to finance that cost.
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) Angelina County - US 59 - 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) Cherokee County - FM 343 - 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. (3) Comal County - FM 306 - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (4) Grayson County - FM 120 - 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 (5) Palo Pinto County - I-20 - 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 (6) Smith County - SH 110 - 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) 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. (3) Grimes and Montgomery Counties - Quarterly Traffic and Operating 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. In accordance with Section 709 of the trust agreement, the commission is providing to the trustee, general engineering consultant, and traffic consultant a report of general information regarding the system for the preceding fiscal quarter. A copy of the report is being filed with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. d. Rail Clearance Deviations Various Counties - Consider a request for 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. e. Designation of Access Control Travis County - US 183, in the City of Austin - Consider the re-designation of one location on the northbound frontage road of US 183 at which access will be permitted to the abutting property (MO) The redesignation of one 44.62-foot break in the control-of-access line with one proposed 30.26-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the northbound frontage road of US 183. The District has determined that access may be permitted at the designated location. f. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 12 - Executive Session, Open Comment, & Adjourn
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 October 28, 2021, regular meeting of the Texas Transportation Commission
Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Highway Improvement and Other Transportation Facilities Rescind award of and reject Harrison County Project BR 2021(433), previously awarded May 27, 2021, by Minute Order 116019 (see attached itemized list) (MO) It is necessary to rescind the previous award of Harrison County Project BR 2021(433) and reject all bids on the respective project in the best interest of the state.
Routine Maintenance (see attached itemized list) (MO)
Discussion Item 117th Congress (2021-2022), Infrastructure Investment and Jobs Act (Presentation) On November 8, 2021, the United States Congress passed the Infrastructure Investment and Jobs Act (IIJA). Staff will provide a general overview of the enactment of the federal five-year surface transportation program authorization included in the IIJA, including increased funding levels, new programs, and the Act’s anticipated impact on TxDOT.
Chapter 1 - Management Amendments to §1.84 and §1.88 and Repeal of §1.90 (Advisory Committees) (MO) The proposed amendments extend the sunset dates for statutory and department advisory committees, add provisions relating to the I-27 Advisory Committee, which was established by S.B. 1474, 87th Legislature, and an urban air mobility advisory committee, as required by S.B. 763, 87th Legislature, and repeal, as executed, a rule relating to advisory committees that assisted the department in conducting a comprehensive study on the Ports-to-Plains Corridor.
Chapter 15 - Financing and Construction of Transportation Projects New §§15.140-15.147, State Scenic Byways Program (MO) Senate Bill 941, 87th Legislature, requires the department to establish a State Scenic Byways Program to allow the state and local communities to participate in the National Scenic Byway Program, which is designed to recognize, preserve, and enhance roads possessing certain intrinsic qualities. The department is required to establish processes to designate State Scenic Byways and receive and submit applications for federal designation and grant funding.
Urban Air Mobility Advisory Committee Consider the appointment of members to the Urban Air Mobility Advisory Committee (MO) As required by SB 763 of the 87th Texas Legislature, “the commission shall appoint an advisory committee to assess current state law and any potential changes to state law that are needed to facilitate the development of urban air mobility operations and infrastructure in this state.” This minute order approves the appointment of all members of the advisory committee, which will be abolished no later than January 1, 2023, as required by statute.
Gregg County - City of White Oak - Consider final approval of a request from the City of White Oak for a State Infrastructure Bank loan in the amount of up to $2,950,000 to pay for the costs of utility relocation and for a contribution to the department to pay for the costs of right-of-way acquisition necessary for a non-tolled state highway improvement project to widen SH 42 in Gregg County, Texas (MO) (Map) City of White Oak (City) will secure the loan with a pledge of utility revenues. The loan will be used to pay the City’s costs associated with utility relocation and the City’s contribution to the department associated with the right-of-way acquisition necessary for a non-tolled state highway improvement project to widen SH 42 in Gregg County, Texas.
Ellis County - Rockett Special Utility District - Consider final approval of a request from the Rockett Special Utility District for a State Infrastructure Bank loan in the amount of up to $9,050,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 664 from I-35E to I-45 in Ellis County, Texas (MO) (Map) Rockett Special Utility District (SUD) will secure the loan with a pledge of subordinate lien net revenues. The loan will be used to pay the SUD’s costs associated with utility relocation necessary for a non-tolled state highway improvement project to widen FM 664 from I-35E to I-45 in Ellis County, Texas.
Design-Build Contract Tarrant County - Consider approving the selection of the proposer who submitted the best value, best and final offer proposal and the conditional award of a design-build contract and a corresponding capital maintenance contract to the selected proposer, for the design, construction, and maintenance of the Southeast Connector Project, consisting of non-tolled improvements along I-20 from Forest Hill Drive to Park Springs Boulevard, I-820 from I-20 to Brentwood Stair Road, and US 287 from Bishop Street to Sublett Road, in Tarrant County (MO) (Presentation) On May 28, 2020, in Minute Order 115748, the commission authorized the department to issue a request for proposals to design, construct, and maintain the Southeast Connector Project. The department received three proposals on May 6, 2021, but determined that the price submitted by each proposer was too high. The department requested a revised proposal from each of the three proposer teams. The department has completed its review and evaluation of proposals and is presenting its best value recommendation to the commission.
Municipal Utility Relocation Reimbursement Cherokee County - Consider the approval of a request from City of Cuney to make the relocation of City of Cuney’s utility facilities required by the US 175 highway improvement project an expense of the state under Transportation Code 203.092(a-4) (MO) Texas Administrative Code, Chapter 21, Subchapter B, Rule 21.25 sets forth the requirements for a utility to qualify for reimbursement under this program. Payment for this relocation will not cause the department to exceed $10 million in any fiscal year. The utility is a political subdivision with a financial condition that prevents the utility from being able to pay the cost in full or part or, if paid at that time, the payment would adversely affect the utility’s ability to operate or provide essential services to its customers. The utility is unable to receive a state infrastructure bank loan to finance the cost of the relocation and is otherwise unable to finance that cost.
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) Angelina County - US 59 - 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) Cherokee County - FM 343 - 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. (3) Comal County - FM 306 - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (4) Grayson County - FM 120 - 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 (5) Palo Pinto County - I-20 - 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 (6) Smith County - SH 110 - 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) 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. (3) Grimes and Montgomery Counties - Quarterly Traffic and Operating 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. In accordance with Section 709 of the trust agreement, the commission is providing to the trustee, general engineering consultant, and traffic consultant a report of general information regarding the system for the preceding fiscal quarter. A copy of the report is being filed with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. d. Rail Clearance Deviations Various Counties - Consider a request for 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. e. Designation of Access Control Travis County - US 183, in the City of Austin - Consider the re-designation of one location on the northbound frontage road of US 183 at which access will be permitted to the abutting property (MO) The redesignation of one 44.62-foot break in the control-of-access line with one proposed 30.26-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the northbound frontage road of US 183. The District has determined that access may be permitted at the designated location. f. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 12 - Executive Session, Open Comment, & Adjourn
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