10:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the December 9, 2021, regular meeting of the Texas Transportation Commission
Commission Resolution Acknowledgement of Bexar County Judge Nelson Wolff and his over 50 years of public service to improving transportation in Texas.
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)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Rules Adoption Chapter 16 Planning and Development of Transportation Projects Amendments to §16.2 (Definitions and Acronyms), §16.101 (Transportation Improvement Program), §16.105 (Unified Transportation Program), §16.106 (Major Transportation Projects), §16.154 (Transportation Allocation Funding Formulas), and new §16.161 (Ten-Year Programming Flexibility for Certain Categories) (MO) The department seeks to revise Chapter 16 to remove unused definitions, align certain definitions with federal definitions, and provide flexibility and transparency to the planning process.
Discussion Item Development of the 2023 Unified Transportation Program (UTP) planning targets (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2023 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2023 UTP.
Public Transportation Various Counties - Consider the award of state funds and federal §5304 Statewide and Non- metropolitan Transportation Planning Program funds and federal §5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program funds (MO) The awards identified in this minute order reflect the allocation of state funds and §5304 funds for Regionally Coordinated Transportation Planning to designated lead agencies, and an additional award of first-year funds to various entities for the biennial §5310 call for projects.
State Infrastructure Bank (Presentation) 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 $2,803,158 to pay for a contribution to the department to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas (MO) (Map) City of Magnolia (City) will secure the loan with a pledge of utility revenues. The loan will be used to pay the City’s contribution to the department associated with the utility relocation necessary for a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas.
Montgomery County - City of Cut and Shoot - Consider final approval of a request from the City of Cut and Shoot for a State Infrastructure Bank loan in the amount of up to $4,605,000 to pay for a contribution to the department to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen SH 105 east in Montgomery County, Texas (MO) (Map) City of Cut and Shoot (City) will secure the loan with a pledge of water revenues. The loan will be used to pay the City’s contribution to the department associated with the utility relocation necessary for a non-tolled state highway improvement project to widen SH 105 east in Montgomery County, Texas.
Rockwall County - City of Royse City - Consider final approval of a request from the City of Royse City for a State Infrastructure Bank loan in the amount of up to $3,500,000 to pay for the costs of utility relocation and right of way acquisition necessary for a non-tolled state highway improvement project to improve I-30 in Rockwall County, Texas (MO) (Map) City of Royse City (City) will secure the loan with a pledge of contract revenues and utility revenues. The loan will be used to pay the City’s costs associated with the utility relocation and right of way acquisition necessary for a non-tolled state highway improvement project to improve I-30 in Rockwall County, Texas.
Minute Order Reconsideration Bexar County - SL 368 - Consider rescinding Minute Order 114170, dated December 18, 2014, and rescinding those portions of Minute Order 114219, dated February 26, 2015, which amended Minute Order 114170 (MO) Under Minute Order 114170, as amended by Minute Order 114219, the commission recommended that a portion of Loop 368 (Tract 1) be removed from the state highway system and transferred to the City of San Antonio subject to its continued use for public road purposes. The removal from the system and the transfer to the City of San Antonio were to occur upon issuance of the Project Acceptance Letter for project CSJ 0016-08-034. No such Project Acceptance Letter has been issued. The commission is to consider a determination that Tract 1 continues to be needed for state highway purposes.
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) Dallas County - Loop 12 - 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) Lipscomb County - SH 23 - 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) Travis County - FM 973 - Consider the quitclaim of any interest that might have accrued to the state by use of former right of way to Travis County, Texas (county) (MO) This property was acquired and held by the county in its own name for use by the state, and the county has requested a quitclaim of any interest that might have accrued to the state by use. c. Reports (1) Compliance Division Report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The Compliance Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. (2) Letting Allocation Status Report Quarterly status report on the FY 2022 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district, metropolitan planning organization, and statewide program, of the FY 2022 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2022 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of State Highway Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. c.Reports (continued) (4)Annual Financial Report Texas Department of Transportation Annual Comprehensive Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August31, 2021 (Report) State law requires that a state agency prepare an annual financial report regarding theagency’s use of appropriated money during the preceding fiscal year. In addition, thedepartment is required to have an independent certified public accountant audit thedepartment's books and accounts for each toll project or system at least annually. (5)Texas Mobility Fund Audited financial statements of the Texas Mobility Fund as required by the governing master resolution (Report) The master resolution governing the issuance of Texas Mobility Fund (TMF) bondsrequires the preparation of an audited financial report of the TMF for each fiscal year.Audited financial statements have been prepared for FY 2021. (6)Central Texas Turnpike System Travis and Williamson Counties - Audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture ofTrust (Report) The Indenture of Trust (Indenture) that prescribes the terms for bonds and obligationsissued to finance the 2002 Project of the Central Texas Turnpike System, a toll projectcomprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements,requires the preparation of a financial report of the results of operation of the system foreach fiscal year. Audited financial statements meeting the requirements of the Indenturehave been prepared for FY 2021. d.Land Acquisitions for Facilities Various Counties - Consider the grant of authority to the department to acquire real property for facilities (MO) The department is in the process of acquiring real property for the construction of new facilitiesand the expansion of existing facility sites. Funds for the purchase of these properties were appropriated by the 87th Legislature, Supplemental Appropriations Act for the 2022-23 Biennium. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. e.Designation of Access Control Montgomery County - I-45, in the City of Willis - Consider the designation of two locations on the future northbound frontage road of I-45 at which access will bepermitted to the abutting property (MO) The designation of two 35-foot breaks in the control-of-access line will allow the abuttinglandowner to open two commercial driveways for access to and from the future northboundfrontage road of I-45. The District has determined that access may be permitted at the designatedlocation. f.Transportation Planning Various Counties - Consider concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction andother project development costs of projects to be advanced through the use of paymentsreceived from the North Texas Tollway Authority in accordance with the SH 121 TollProject Agreement (MO) The department has established a separate fund to account for and track projects and projectcosts funded with the SH 121 payments. This minute order authorizes the funding of additionalproject costs and changes to the list of previously approved projects. The project costs to befunded were selected through a cooperative process with the Regional Transportation Council. g. 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 December 9, 2021, regular meeting of the Texas Transportation Commission
Commission Resolution Acknowledgement of Bexar County Judge Nelson Wolff and his over 50 years of public service to improving transportation in Texas.
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)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Rules Adoption Chapter 16 Planning and Development of Transportation Projects Amendments to §16.2 (Definitions and Acronyms), §16.101 (Transportation Improvement Program), §16.105 (Unified Transportation Program), §16.106 (Major Transportation Projects), §16.154 (Transportation Allocation Funding Formulas), and new §16.161 (Ten-Year Programming Flexibility for Certain Categories) (MO) The department seeks to revise Chapter 16 to remove unused definitions, align certain definitions with federal definitions, and provide flexibility and transparency to the planning process.
Discussion Item Development of the 2023 Unified Transportation Program (UTP) planning targets (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2023 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2023 UTP.
Public Transportation Various Counties - Consider the award of state funds and federal §5304 Statewide and Non- metropolitan Transportation Planning Program funds and federal §5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program funds (MO) The awards identified in this minute order reflect the allocation of state funds and §5304 funds for Regionally Coordinated Transportation Planning to designated lead agencies, and an additional award of first-year funds to various entities for the biennial §5310 call for projects.
State Infrastructure Bank (Presentation) 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 $2,803,158 to pay for a contribution to the department to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas (MO) (Map) City of Magnolia (City) will secure the loan with a pledge of utility revenues. The loan will be used to pay the City’s contribution to the department associated with the utility relocation necessary for a non-tolled state highway improvement project to widen FM 1488 in Montgomery County, Texas.
Montgomery County - City of Cut and Shoot - Consider final approval of a request from the City of Cut and Shoot for a State Infrastructure Bank loan in the amount of up to $4,605,000 to pay for a contribution to the department to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen SH 105 east in Montgomery County, Texas (MO) (Map) City of Cut and Shoot (City) will secure the loan with a pledge of water revenues. The loan will be used to pay the City’s contribution to the department associated with the utility relocation necessary for a non-tolled state highway improvement project to widen SH 105 east in Montgomery County, Texas.
Rockwall County - City of Royse City - Consider final approval of a request from the City of Royse City for a State Infrastructure Bank loan in the amount of up to $3,500,000 to pay for the costs of utility relocation and right of way acquisition necessary for a non-tolled state highway improvement project to improve I-30 in Rockwall County, Texas (MO) (Map) City of Royse City (City) will secure the loan with a pledge of contract revenues and utility revenues. The loan will be used to pay the City’s costs associated with the utility relocation and right of way acquisition necessary for a non-tolled state highway improvement project to improve I-30 in Rockwall County, Texas.
Minute Order Reconsideration Bexar County - SL 368 - Consider rescinding Minute Order 114170, dated December 18, 2014, and rescinding those portions of Minute Order 114219, dated February 26, 2015, which amended Minute Order 114170 (MO) Under Minute Order 114170, as amended by Minute Order 114219, the commission recommended that a portion of Loop 368 (Tract 1) be removed from the state highway system and transferred to the City of San Antonio subject to its continued use for public road purposes. The removal from the system and the transfer to the City of San Antonio were to occur upon issuance of the Project Acceptance Letter for project CSJ 0016-08-034. No such Project Acceptance Letter has been issued. The commission is to consider a determination that Tract 1 continues to be needed for state highway purposes.
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) Dallas County - Loop 12 - 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) Lipscomb County - SH 23 - 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) Travis County - FM 973 - Consider the quitclaim of any interest that might have accrued to the state by use of former right of way to Travis County, Texas (county) (MO) This property was acquired and held by the county in its own name for use by the state, and the county has requested a quitclaim of any interest that might have accrued to the state by use. c. Reports (1) Compliance Division Report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The Compliance Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. (2) Letting Allocation Status Report Quarterly status report on the FY 2022 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district, metropolitan planning organization, and statewide program, of the FY 2022 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2022 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of State Highway Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. c.Reports (continued) (4)Annual Financial Report Texas Department of Transportation Annual Comprehensive Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August31, 2021 (Report) State law requires that a state agency prepare an annual financial report regarding theagency’s use of appropriated money during the preceding fiscal year. In addition, thedepartment is required to have an independent certified public accountant audit thedepartment's books and accounts for each toll project or system at least annually. (5)Texas Mobility Fund Audited financial statements of the Texas Mobility Fund as required by the governing master resolution (Report) The master resolution governing the issuance of Texas Mobility Fund (TMF) bondsrequires the preparation of an audited financial report of the TMF for each fiscal year.Audited financial statements have been prepared for FY 2021. (6)Central Texas Turnpike System Travis and Williamson Counties - Audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture ofTrust (Report) The Indenture of Trust (Indenture) that prescribes the terms for bonds and obligationsissued to finance the 2002 Project of the Central Texas Turnpike System, a toll projectcomprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements,requires the preparation of a financial report of the results of operation of the system foreach fiscal year. Audited financial statements meeting the requirements of the Indenturehave been prepared for FY 2021. d.Land Acquisitions for Facilities Various Counties - Consider the grant of authority to the department to acquire real property for facilities (MO) The department is in the process of acquiring real property for the construction of new facilitiesand the expansion of existing facility sites. Funds for the purchase of these properties were appropriated by the 87th Legislature, Supplemental Appropriations Act for the 2022-23 Biennium. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. e.Designation of Access Control Montgomery County - I-45, in the City of Willis - Consider the designation of two locations on the future northbound frontage road of I-45 at which access will bepermitted to the abutting property (MO) The designation of two 35-foot breaks in the control-of-access line will allow the abuttinglandowner to open two commercial driveways for access to and from the future northboundfrontage road of I-45. The District has determined that access may be permitted at the designatedlocation. f.Transportation Planning Various Counties - Consider concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction andother project development costs of projects to be advanced through the use of paymentsreceived from the North Texas Tollway Authority in accordance with the SH 121 TollProject Agreement (MO) The department has established a separate fund to account for and track projects and projectcosts funded with the SH 121 payments. This minute order authorizes the funding of additionalproject costs and changes to the list of previously approved projects. The project costs to befunded were selected through a cooperative process with the Regional Transportation Council. g. 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