Octobers,1996 i

Minutes of mo Sovonty-Tbird Mooting a Regular Mooting of tbe Toxas Transportation Oommission bold in Austin,Texas, opened at 9:12 a.m.,October31,1996 witb tbefollowing members present:

Oommission Members:

Oavid M. Laney Oommissioner ofTransportation

Anne S.Wynne Oavid Bernsen

Administrative Staff:

Wm. O.Burnett, Executive Oirector OassieOarlson Rood, Oeputy Executive Oirector, Administrative Services Robert Oueiiar,OeputyExocutiveOirector,Transportation Planning and Oevelopment Tbomas A. Oriebel, AssistantExecutiveDirector, MultimodaiTransportation OarmoyHor ,Assistant Executive Oirector, Human Resources Management BobbieE.Templeton, Assistant Executive Oirector, Eield Operations Jim Bisson, Assistant Executive Oirector, Motorist Services Russell Harding, Director, StaffServices Ed Sbaddocx, Office ofOeneralOounsel DianneEriosenbabn, Minute Order Olerx

Registration sbeets listing otbers in attendance on tile witb Minute Olerx.

DELEGATIONS^ (Delegation requests will be considered and action taxen as may be appropriate)

1) OITY OPSAN ANTONIO Request timdingfor tbree projects on 1H410in tbe Oity ofSan Antonio

Tbe Oornmission received comments from Stato Senator JeffWentwortb; State Representative Bi11Siebert,HouseTransportationOommittee; Mayor Bill Tbornton, San Antonio;MariaEienaTorre1va-A1onso,Directorof Professional Development, HurstNewspaperOroup andObair of tbe San AntonioHispanic ObamberofOommerce; Navarro Williams, President, Paragon Oable and Vice-Obair of tbo Greater ^oily Development Oorporatlon; Oounty Judge OyndiTayior^rior, BexarOounty;andHaroid Oliver on bebalf ofState Senator PrarixMadlaconcorning tbis agenda item.

Tbe Oommission recessed tbe meeting at 9:45 a m and reconvened at 9:54 a.m.

Obairman

Member Member

October 31, 1996 2

2) US HIGHWAY 181 TASK FORCE Discuss various improvements to the US 181 Corridor

The Commission received comments from State Representative Judy Hawley; State Senator Carlos Truan; Judge Josephine Miller, San Patricio County; Commissioner Stasny, Bee County; and Nick James on behalf of State Senator Ken Armbrister concerning this agenda item.

The Commission recessed the meeting at 10:28 a.m. and reconvened at 10:34 a.m.

3) ARANSAS COUNTY Request completion of the SH 35 Relief Route

The Commission received comments from County Judge Agnes Harden, Aransas County; Commissioner Glenn Gillory, Aransas County; and Nick James on behalf of State Senator Ken Armbrister concerning this agenda item.

The Commission recessed the meeting at 10:49 a.m. and reconvened at 10:59 a.m.

A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 9:53 a.m. on October 23, 1996, as required by Chapter 551, of the Government Code, referred to as "The Open Meetings Act."

ITEM 1. APPROVAL OF MINUTES ofthe September 26. 1996 regular meeting of the Texas Transportation Commission

Commissioner Bernsen made a motion, seconded by Commissioner Wynne, and the Commission approved the Minutes of the September 26, 1996 regular meeting of the Texas Transportation Commission.

ITEMS. PROGRAMS

d. Various Counties - US 83. Corpus Christi Northside Highway and Rail Corridor, and FM 511 from US 77 to the Port of Brownsville - Authorize feasibility study

Deferred.

October 31, 1996 3

e. Various Counties - Authorize supplemental allocation to Category I I (State Funded Discretionary Program) for fiscal year 1997

Deferred.

ITEM 4. PROMULGATION OF RULES AND REGULATIONS under Title 43. Texas Administrative Code, Part I t Pursuant to the Administrative Procedure Act, the Government Code. Chapter 2001:

b. Final Adoption: (2) Chapter 25 - Traffic Operations:

fa) New Sections 25.420-25.425 (City Pride Signs)

Deferred.

ITEM 2. AWARDS/RECOGNITIONS/RESOLUTIONS

a. Recognition of Maribel P. Chavez. Abilene District Engineer, for being selected as 1996 Hispanic Engineer of the Year at the Hispanic Engineer National Achievement Awards Conference

WHEREAS, Maribel P. Chavez serves the Texas Department of Transportation as district engineer of the 13-county Abilene District; and

WHEREAS, Chavez has blazed trails as the first female district engineer in department history; and

WHEREAS, Chavez demonstrates leadership, dedication and excellence in her professional and personal life; and

WHEREAS, through her professional accomplishments and personal commitment, Chavez serves as a science and engineering role model for Hispanic youth; and

WHEREAS, on October 12, 1996, Chavez received the 1996 Hispanic Engineer National Achievement Award for Professional Achievement in Government;

NOW, THEREFORE, BE IT RESOLVED that the Texas Transportation Commission commends Maribel P. Chavez for this prestigious award and recognizes the contributions and efforts she makes daily to the Texas Department of Transportation and to the citizens ofTexas.

Octoher31,1996 4

Signed hythe Texas Transportation Oommission at Austin on the31st day of October, 1996.

The OommissionpresentedOommissionerEernsenwifhaOertificateof Serviceforhisfiveyears of service with theTexas Oepartment ofTransportation.

TTEM^RERORT

a. Report by the Grand ParxwayAssociation to introduce the Association snew executivedirector and report on fhe progress and status of projects aiong the Grand Rarxway

RichardEEind1ey,President, Grand Parxway Association and OianeSchenxe, ExecutiveOirector, Grand RarxwayAssociation briefedtheOommissiononthe progress and status ofprojecfs along Grand Parxway.

TTEM4.PROMOEGATIONOPROEESANDREGOEATIONSOnderTitie 43.Texas Administrative Oode. PartPPursuantto the Administrative Procedure Act, the Government Oode,0hapter 2001:

a. Proposed Adoption: (1) Ohapter4-Emp1oyment Practices:

(a) Amendments to Sections4.51.4.55 and 4.56 fSicxEeavePoh Program)

Commissioner Wynne madeamotion, seconded by OhairmanEaney,and the Gommission approved thefoiiowing Minute Grder as recommended hy staff and presented hy Oaffney Henry, Assistant Executive Oirector, PfumanResources Management:

106967 WPPEREAS, theTexas Transportation Oonmtission(the "commission") is PfRO empowered by Transportation Oode, 201.101,to promulgate rules fortbe conduct

of the worx oftheTexas Oepartment ofTransportation (the "department"); and

WEfEI^AS, Government Oode, Chapter 661, empowers the commission to establishasicx leave pool program and requires the commission to adopt ruies and prescribe procedures toprovide additional sicx leavefor an employee when the employee or the employee's immediatefamily member hasacatastrophiciiiness or injury which causes the employee to exhaust ah leave time earned and lose compensation from the state; and

WEfi REAS, pursuant to that authotitythe commissionhas previously adopted rules concerning a sicx leave pool program, codified under Title 43, Texas Administrative Oode, ^4.50-4.56; and

Octobers,1996 5

WEfEREAS, the commission is committed to helping department employees who suffer the consequences ofacatastrophic illness or injury; and

WEfEREAS, the commission wishes to identify the specific criteria used to determine if an ihness or injury is catastrophic and provider to provide information hased on these criteria; and

WEE^E^AS, the department has identifiedaneed for stricter requirements on psychological conditions asaqualifying reason for using pool hours; and

v^TfEREAS,to establish greater control over the use ofhoursgrantedfrom the pool, the commission finds it necessary to propose amendments to ^4.51, ^4.55, and ^4.56 as more specifically descrihed in Exhihit"A"to this Order; and

WEfEREAS, these amendments are consistent with the 1995-1999 Strategic Elan strategy to provide for maximizing the quality and improving the dehvery of products and services used hy department employees; and

WE1EREAS, the proposed amendments have heen examined hy legal counsel and found to heavaiid exercise of the commission's authority;

N O W , T E f E ^ E O f ^ , f E IS OE^Ef^OEElAE the commission herehy proposes for adoption amendmentsto^.51,^4.55,and ^4.56, as shown in Exhihit "E" to this Order; and the executive director is directed to taxe the necessary steps to implement the actions as ordered herein, pursuant to the Administrative Procedure Act, Oovernment Oode, Chapter 2001

NOEE:ExhihitsAandEonfilewithlvfinute01erx

^0hapteri8DMOtor Carriers (a) Amendments t o S e C t i p n 1 8 ^ (Def in i t ions)

OorrrmissionerWynnemadeamotion, seconded hy Ohairman Laney, andthe Oommission approved thefohowingivhnute Crder as recommended hy staff and presented hy Jim Bisson, Assistant Executive Director, Motorist Services:

106968 WffEREAS, theTexas Transportation Oommission(the "commission") is MOD empowered hyTexas Transportation Oode, ^20f i0 i , t o promulgate ruies for the

conduct ofthe worx oftheTexas Department ofTransportation (the "department"); and

WJ^REAS,Texas Oivii Statutes, Articie 6675c, authorizes the department to register oommeroiai motor carriers and to exempt hy ruie vehicles that are suhjeot to comparahie registration andacomparahie safety program administered hy another agency;and

Octoher31,1996 6

WHEREAS,pursuanttoTexasOivilStatutes, Article6675c, the commission has previously adopted rules under Title 43, Texas Administrative Oode, Ohapter 18, concerning Motor Carriers; and

WHEREAS, Title43,TexasAdministrativeOode, Chapter 18, requires that commercial motor carriers register with the department and further requires that: commercial motor carriers maintainaminimumof$500,000 in liahilify insurance per vehicle; motor carriers hie proof ofinsurancefor each vehicle registered as specified; insurance or surety companies notify the department in writing 30 days prior to cancellation of an insurance policy; motor carriersfdeasafety affidavit as part of the registration process; and motor carrier registration may he suspended or revoked in accordance with 43Texas Administrative Oode^l8.72; and

WHEREAS, theTexas Alcoholic Beverage Oommission adopted Titlel6, Texas Adrmnistrative Oode, ^35.5, which hecame effective August 26, 1996; and

WHEREAS, Title 16, Texas Administrative Oode, ^35.5, suhjects vehicles transporting hquor in accordance withapermit issued pursuant to Chapter 42 ofthe Texas Alcoholic Beverage Oode to similar regulations concerning minimum liahility insurance, the filing ofproofofinsurance, notification ofinsurance cancellation, and the suspension or revocation of registration; and

WHEREAS,the commission therefore determines that vehicles permitted under Chapter 42 offheTexas Alcoholic Beverage Oode are suhjecttoacomparahle registration and safety programadministeredhy theTexas AlcoholicBeverage Oommission; and

WHEREAS, to prevent overlapping regulation and alleviate an undue hurden on private industry, the commission finds it necessary to propose an amendment to ^18.2 to exempt from motor carrier registrationavehicle transporting liquor under aprivate carrierpermit issued in accordance with Alcoholic Beverage Oode,Ohapter 42;and

WHEREAS, the amendment has heen examined hy legal counsel and found to heavalid exercise of the Commission's authority to adopt; and

WHEREAS,the proposed amendment is consistent with the 1995-1999 Strategic Elan strategy to support fhe motor carrier industry;

NOW,THEl^EORE,lTlSOROEREOthatthecornmissionherehyproposes for adoption an amendment to^l8.2 as shown in Exhihit^A^to this Order; and the executive director is directed to taxe the necessary steps to implement fhe action as ordered herein, pursuant to the requirements ofthe Administrative Procedure Act, Oovernment Oode, Ohapter 2001

NOTE:ExhihitAonfilewithMinuteClerk.

Cctoher3l,l996 7

o Einal Adoption (1) Chapter9-Contract Management:

(a) Amendments to Section9.14. Submittal ofEroposal(Highway Improvement Contracts)

CommissionerWynnemadeamotion, seconded hy Chairman Eaney, andthe Commission approved thefoiiowing Minute Crder as recommended by staff and presentedhyEobbieTempleton, Assistant Executive Director, Eield Operations:

106969 WHEREAS theTexas Transportation Commission(the "commission") is CMO empowered by Transportation Code, §201.101,to promulgate rulesfor the conduct

of the work of theTexas Oepartment ofTransportation(the "department"); and

WEfEREAS,TransportationCode,§223.001, requires the department to submitfor competitive hids each oontraotfor the improvement ofabigbway that is partof the state highway system,or materials to be used in the construction or maintenanoe oftbat bigbway; and

WHEREAS,TransportationCode,§223.007,directs the commission to prescribe theform ofabigbway improvement contract,including any terms and conditions tbe oommission determines to be advantageous to tbe state; and

WHEREAS, Transportation Code, §§203 004-203 005, require tbe commission to prescribe rules concerning the acceptance or rejection of bidsfor bigbway improvement contracts; and

WHEREAS, pursuant to tbose provisions,tbe commission bas previously adopted rules concerning bigbway improvement contracts, coditiedunderTitle 43, TexasAdministrativeCode,§§9.lO-9.20;and

WHEREAS,§9.14, concerning submittal of proposal, requiresabidder to submitaproposal guaranty in tbe required amount witb tbe bid proposal; and

WHEREAS, to assuretbeintegrity of tbeguaranty andto prevent its cancellation or otherform of stopping payment,§9.l4:(1) restricts tbeform of payment to cashier checks or money orders onastate or national hank,astate or national savings and loan association, orastateorfederally chartered credit union; and (2) provides tbat checks or money orders must be payable at or tbrougb tbe institutionissuingthe instrument, or must state that the issuing institution is both the drawer and drawee ofthe official obligation to pay the department; and

WHEREAS, inturtheranceofthat policy, §9.14, also prohibits guaranties in theform of: (l)acheck labeled official check, officer scheck, or teller scheck; (2) personal checks or certified checks; (3)other types of money order or bank drafis; or (4) hid bonds; and

WHEREAS,HouseEi1ll728,74thEeglslature, 1995, amended §3.411,ofthe Business and Commerce Code to provide the same stop payment provisions on

Octoher3l,l996 8

cashier's checks as on teller's checks,whlle providing thatahank that stops payment on either type of check may be liable to the payeefor consequential damages, thus establishing an equal level offlnanclal confidence In hoth Instruments; and

WHBREAS,fhlsamendmentlsconslstentwlththe 1995-1999 Strategic Plan strategy to Improve customer service; and

Wf^1^AS,lnrecognltlonof§3B111,ofthe Business and Commerce Code, as amended, and In orderto allow an alternative form ofpayment, the commission by MlnuteOrderNo. 106885, dated Ju1y31,1996, deemed It necessaryto amend §9.14, to providefor the acceptance of checks drawn hyahankonahank or payahle at or throughahank, such as teller's checks, officer's checks, or official checks; and

Wf^REAS, the arnendntent was published In the August 13,1996, Issue of theTexas Register (2lEexReg7653),apuhhc hearing was held on September 3, 1996, and oral and written comments were received as summarized and responded to In Exhlblt"A"to this Order; and

WHEREAS, affer due consideration of the comments received, the commlsslonnow determines that the amendment should be permanently adopted with changes; and

WEfEREAS, the amendment has heen examined by legal counsel andfound to beavalid exercise ofthe commission's legal authority;

NOW,TEfEREEORE, IT IS OROEREOthatthecommlsslonherehy adopts onapermanent basis an amendment to §9.14,wlth changes, as shown In Exhibit "B" to this Order; and the executive director Is directed to take the necessary steps to Implement the actions as ordered berein, pursuant to the requirements ofthe Administrative Procedure Act,Oovernment Code, Chapter 2001.

NOTE:ExhlbltsAandBonfilewlthMlnute Clerk.

ITEM 5. PROGRAMS

a. Fort Bend County - US 59. from Spur 41 at Sugar Creek Blvd. to east of Williams Trace Blvd. - Extend existing project using a $3.9 million contribution from the City of Sugar Land

Deferred.

Cctoher31,1996 9

h. Various Counties - Authorize supplement allocation inthe State Funded Rehahilitation/Restoration Program forfiscal year 1997

Commissioner Wynne madeamotion, seconded hyChairmanEaney,and the Commission approved thefoiiowing l^nute Crder as recommended hy staff and presented hy Boh Cuellar, Deputy Executive Director,Transportation Planning and Development:

106970 WHEREAS, the 1997 StateFundedRehahilitation/RestorationProgram was TPP previously authorized on January 25,1996, hylvlinuteCrder!06713,in the amount

of$67,500,000;and

WHEREAS, in order to expedite rehahiiitation projects vital to the state highway system in the Paris District,asupplement to their 1997 State Funded Rehahilitation/Restoration Program is needed; and

WHEREAS, asaresultofcost-effectivemeasuresappliedtotheTexas Department ofTransportation hudget, $3,000,000 is avahahle to supplement the 1997 State Funded Rehahilitation/Restoration Program in the Paris District; and

WHEREAS, this action is consistent with the!995-1999 Strategic Plan strategy to plan, design, and manage highway projects;

NOW, THEREPCRE, IT IS ORDERED that the State Funded Rehahilitation/Restoration Program he supplemented for the Paris District in the amount of$3,000,000inFiscalYear 1997

c. Various Counties-Accept tbe conclusion and recommendation tbataScenic Byways Program is notfeasible and sbould not be pursued asaprogram by tbe department

Commissioner Wynne madeamotion, seconded by Commissioner Bernsen, and tbe Conmiission approved tbefollowing Minute Crder as recommended by staff andpresentedbyBobCue11ar,Deputy Executive Director, Transportation Planning and Development:

106071 WPE^^AS,tbemtermoda1 Surface TransportationErficiency Act (ISTEA) TPP of1991 allocatedmndsfortbeTexasDepartment ofTransportation (tbe department)

under Section1047(b)toconductafeasibi1itystudyforaproposed Scenic Byways PrograminTexas; and

WPPEREAS, tbe department bas discovered tbrougb tbe publio involvement process tbat tbeprogramisnotfeasible due to significant opposition during tbe public involvement pbase; and

Octobers,1996 10

WPPEREAS, this action is consistent with the 1995-1999 Strategic Plan and theTexas Transportation Pian Action 2.3.6concerning the National Scenic Byways Program;

NCW,TPfEREPCRE, IT IS ORDERED that theTexasTransportation Commission approve and accept the conclusion and recommendation thataScenic Byways Program is not feasihie and should not he pursued asaprogram hythe department.

f Wichita County-OS 287/PEI^from 18th Street to WichitaRiver-Autho^ increased scope ofworx and additional strategic priority funds

Commissioner Bernsen madeamotion, seconded by Commissioner Wynne, and the Comrr ssion approved the following Minute Order as recommendedby staff and presented hy Boh Cueiiar, Deputy Executive Director,Transportation Planning and Deveiopment;

106972 WPPEREAS. in WfCPffTACOONTY. projectsonlNTERSTATE TPP PEOPPWAY44andonOSPffOPPWAY287 fromthe Wichita^^

in the city of Wichita Pahs,adistance of E5 miles, are authorized in Priority 1, Category3A,NP1SMohihtyofthe19970nifiedTransportationProgram(OTP);and

WPE REAS, the projects are currently authorized for construction ofafour-lane urhan overhead treeway; and

WPE REAS, further analysis has determined that construction ofthe ultimate six-lane design inasmgle contract offers construction efficiency and consider ^ adjacent businesses not afforded hy phased construction; and

WP1EREAS,theTexasTransportationCommissionis dedicated to promoting the overah economic needs ofthe State, encompassing hoth the travehng puhhc and commercial interests within communities served hythe transportation system; and

WEfEREAS,this action is consistent with the1995-1999 Strategic Plan strategy to plan, design, and manage highway projects;

NOW,TPfEREPORE,fTfSORDEREDthattheexecutivedirectorishereby authorizedto proceedinthemost feasihie and economicmanner withproject development to include completion of construction ofasix-lane urhan overhead freeway at an additional estimated cost ofS6.4milhon to the Texas Department of Transportation to be programmed in fiscal year 1999,inPriority1,Category12, Strategic Priority Program ofthe 19970TP.

October31,1996 11

TTEM 6. MOETIMODAE TRANSPORTATION a. PubiicTransportation

(1) PEdalgoOounty-Authorize tbe allocationofOommlsslonSelected Project Punds to the urbanized puhhc transit operatorfor the Olty ofMcAllen

Commissioner Wynne madeamotion, seconded hyOommlsslonerEernsen, and the Oommlsslon approved thefoiiowing Minute Order as recommended by staff and presented by Tom Oriebel, Assistant Executive Oirector, Multimodal Transportation:

106973 WEPEREAS, Transportation Oode, Chapter 455,asslgnsabroad spectrum of PTN public transportation roles and missions to tbeTexas Oepartment ofTransportation

(the"department"j, and Transportation Oode,Ohapter 456, authorizes theTexas Transportation Oommlsslon(tbe "commission public transportation; and

WE1EREAS, the 74th legislature approved an appropriations billfor the PY 1996-97 biennium wblcb appropriated monies to public transportation; and

WPfEREAS, the 74th legislature turther directed the monies appropriated to public transportation be distributed at tbe beginning oftbe tiscal biennium to local transltoperators In accordance wlththeformulaprescrlhedlnOhapter 456, as amended; and

WElEREAS,Ohapter 456 turther stipulates that ten percent (10^)of the monies allocated for urbanized transportation systems Is to be distributed to eligible projects selected by tbe commission; and

WEEREAS, the Olty ofMcAllen ("city") has subnrlttedaproposal to expand Its services and bas requested financial asslstancefrom tbe department; and

WP1EREAS, tbe city Is eligible to receive monies under tbe ten percent set-aside program; and

WPPEREAS, tbe commlsslonfmds tbat tbe city will provide fast, safe, efficient, and economical public transportation and bas been approved to receive PederalTransltAdnrlnlstrationmonies; and

WPPEREAS, the proposed action Is consistent with OoalE Objective 1, StrategyO,ofthedepartmenfs 1995-1999 Strategic Plan;

NOW, TPPEREPORE, It Is ordered that the executive director, or his designee. Is directed to distribute $190,562 ($103,137 operating asslstance/$87,425 capital asslstance)ofthe discretionary set-aside fundsfor puhhc transportation In urharh areasto tbeclty ofMcAllenand to enter Into tbenecessary contract fortbe Implementation oftbe project upon completion ofall application requirements by tbe local recipient

Cctoher31,1996 12

TTEM7. CONTESTED CASES-Consider action on administrative law iud e findings, conclusions, and recommended Order concerning violations ofthe Vehicle StorageEacilityAct,Article6687-9a,VT.OS.and43T.A.OSectionsl8.80etseqB

a John linxinsNovellid/h/aAmerican Auto Recovery

Commissioner Eernsenmadeamotion, seconded hy Commissioner Wynne, and the Comniission approved thefoiiowing Minute Order as recommended hy staff and presented hy Russell Harding, Director, StaffServices:

106974 WHEREAS, theTexas Transportation Commission(the "Commission") is STE empowered hy Article 6687-9a,V.T.OS.to regulate vehicle storage facilities; and

WHEREAS, pursuant to this authority the Commission has previously adopted rules relatingto the regulation ofvehicle storage tacilities codified under Title 43, Texas Administrative Code, §§18.80 et seq ; and

WHEREAS, §18.94, authorizestheTexasDepartment ofTransportation (the "Department") to impose sanctions onavehiclestoragefacility licensee if the licensee orapartner ofalicensee,aprincipal in the licensee shusiness, or an employee ofthe licensee, with the xnowledge ofthe licensee,violates state statutes and regulations or Department orders governingvehiclestoragefacilities; and

WHEREAS, pursuant to the Commission srules, the Department proposed a$7,500penalty against vehicle storagefacihty operator lohnJinxins dha American Auto Recovery; and

WHEREAS,the Department provided American AutoRecovery written notice of the violation and the proposed sanction in accordance with§18.94(a)(5); and

WHEREAS, atter American Auto Recoveryfailed to respond to the notice, the Department initiated a contested case in accordancewith Title 43, Texas Administrative Code, §§1.21 et seq; and

WHEREAS, an administrative contested case hearing was scheduled and convened hefore an administrative law judge of the State Office of Administrative Hearings, and all parties having heen duly served with notice; and

WHEREAS, upon tailure ofthe vehicle storagefacility operator to appear, the adrnimstrativelawjudge granted the Department smotionfor default judgement and recornmended thatthe Commission adopt the findings offact and conclusions oflaw contained in the attached Eroposalfor Decision, and execute the attached Order;

NOW,THEREEORE,fTlSORDEREDthattheCommissionherehyadopt the findings offact and conclusions oflaw contained in the Eroposalfor Decision and execute the Order,which shall afhrm the $7,500 penalty against the vehicle storage facility operator; and

Cctober31,1996 13

IT IS ESTHER CRDEREDthattheexecutivedirectorisdirected to taxe the necessary steps to implement the actions as ordered herein.

b. Donald Cteamer and Cathy Creamer d/h/aAEetterWrecxer Service

Commissioner Eernsenmadeamotion, secondedby Commissioner Wynne, and the Con^ssion approved thefoiiowing Minute Crder as recommendedby staff and presented by Russell Harding, Director, StaffServices:

106975 WHEREAS, theTexas Transportation Commission(the "Commission") is STP empowered by Article 6687-9a,V.T.C.S.to regulate vehicle storagefacilities; and

WHEREAS, pursuant to tbis authority tbe Commission bas previously adopted rules relatingto the regulation ofve^ 43, Texas Administrative Code, §§18.80 et seq ; and

WHEREAS, §18.94, authorizes tbeTexas Department ofTransportation (tbe "Department") to impose sanctions onavehicle storage tacility licensee if the licensee orapartnerofalicensee,aprincipal in the licensee shusiness, or an employee ofthe licensee, with the xnowledge ofthe licensee,violates state statutes and regulations or Department orders governing vehicle storagefacilities; and

WHEREAS, pursuantto the Commission srules, theDepartment proposed a$2,500 penalty against vehicle storagefacility operator Donald Creamer andCathy Creamer dhaAEetterWrecxer Service; and

WHEREAS,the Department providedAEetterWrecxer Service written notice of the violation and the proposed sanction in accordance with§18.94(a)(5); and

WHEREAS, afierAEetterWrecxerServicefailed to respond to the notice, the Department initiated a contested case inaccordance withTitle43, Texas Administrative Code, §§1.21 et seq; and

WHEREAS, an administrative contested case hearing was scheduled and convened hefore an administrative law judge of the State Cffice of Administrative Hearings, and all parties having heen duly served with notice; and

WHEREAS, uponfailureofthevehiclestoragefacihtyoperatorto appear, the administrative lawjudgegranted the Department smotionfordefault judgement and recommendedthattheCorr ssion adopt the findings offact and conclusions oflaw contained in the attached Eroposalfor Decision, and execute the attached Crder;

NCW,THEREECRE,ITISCRDEREDthattheCommissionherehyadopt the fmdings offact and conclusions oflaw contained in the Proposal tor Decision and execute the Crder, which shall afhrm the $2,500 penalty against the vehicle storage facihty operator; and

Octoher31,1996 14

ITIS El^TElEROl^El^O thatthe executive directorisdirected to taxe the necessary steps to implement the actions as ordered herein.

ITEM^CONTRACTS a Award or rejection cf contracts:

(1) Maintenance

Commissioner Eernsenmadeamotion, seconded by Commissioner Wynne, and tne Commission approved tne foiiowing Minute Crder for tne award of mamtenance contracts as recommended hystatf and presented by EohhieTempleton, Assistant Executive Oirector, Eield Operations:

106976 WElEf EAS, pursuant to Transportation Code, Chapter 223, Subchapter A, CMO andTitle 43, Texas Administrative Code,Chapter 9, Subchapter E,theTexas

Oepartment ofTransportation (the "departments solicitedandreceived sealed competitive hid proposals formaintenance of the State Elighway System,which were opened and publicly tabulated on September4and5, 1996; and

WE1EREAS, pursuant to cited code provisions highway maintenance contract hids onaproject may he accepted orrejected, hut if accepted must be awarded to the lowest bidder; and

WEIEI EAS, an award is conditional in the event it is subject to Eederai Elighway Administration concurrence, third party hmding, or disadvantaged husiness/historicahyunderutilized business goals; and

WEEEREAS, thedepartment recommends that theTexasTransportation Commission respectively award to the lowest hidder or reject, as indicated, those highway maintenance contracts identified on attached ExhihitAto this order, and conditioned as therein indicated;

N0W,TE1E1^E01^, IT IS Ol^El^O that the highway maintenance contracts described in attached ExhihitAto this order be and are herehy respectively awarded to the lowest hidder and rejected as indicated therein; and

IT IS EORTI^ROIO^EREO that ifacondition or otber requirement of award is not satisfied within the prescribed time limit by reason of the action or inactionofthe successfullowbidder on any contract, therespectiveawardis automatically voided and the executive director is authorized and directed to retain and deposit the related contract proposalguaranty to the credit ofthe State Elighway Eund and readvertisethatprojectfor competitive hids at the earliest subsequent date.

NOTE:ExhibitAonfilewithMinuteClerx.

Octoher31,1996 15

(2)Euilding

Oommissioner Wynne madeamotion, seconded by OommissionerEernsen, and the Oommission approved thefoiiowing Minute Orderfor the award ofbuilding contracts as recommendedby staff and presented hyEohhieTempleton, Assistant Executive Oirector,Pield Operations:

106977 WPPEREAS, Title43ofTexasAdministrativeOode, SubchapterE, §9.15 OSO relating to Acceptance, Rejection and Reading ofProposals directs the Executive

Oirector to open and read hids atapuhlic hearing; and

WPlEREAS,Article6674iofVernon's Oivil Statutes directs the Oommission to accept and/orreject bids, and if accepted, award the Oontract to the lowest bidder;

N0W,TP1E1^P0RE, IT IS Ol^EREO that the huilding construction contracts descrihed in Exhihit A, attached hereto and madeapart hereot, submitted during the period trom September 5, 1996 through Octoherl, 1996, be and are hereby awarded to the lowest hidder or rejected as indicated.

NOTE:ExhihifAonfilewithMinute01erx.

(2) Elighway Oonstruction

Oommissioner Wynne madeamotion, seconded by OommissionerEernsen, that fhe bid be rejected on Project No.0111-09-032 in Erazoria Oounty, and the Oommission approved thefoiiowing Minute Order for the award and/or rejection of highway construction contracts as recommendedby staff and presented by Eobbie Templeton, Assistant Executive Oirector, Eield Operations:

106978 WPPEREAS, pursuanttoTransportationOode, Obapter 223, Subchapter A, OMO andTitle 43, Texas Administrative Oode,Ohapter9,SubchapterE,theTexas

Oepartment of Transportation(the "departments solicited and received sealed competitive hid proposals forimprovement ofthe State Elighway System,which were opened and publicly tabulated on Octoher3and 4, 1996; and

WPPEREAS, pursuantto cited code provisions highwayimproyement contract bids onaproject mayhe accepted orrejected, hut ifaccepted must he awarded to the lowest hidder; and

WPPEREAS, an award is conditional in the event it is subject to Pederal Elighway Administration concurrence, third party funding, or disadvantaged husinessmistorically underutilized business goals; and

WPlEREAS,thedepartment recommends that theTexasTransportation Oommission respectively award to the lowest bidder or reject, as indicated, tbose highway improvement contracts identified on attached ExhihitAto this order, and conditioned as therein indicated;

October31,1996 16

N O W , T H E F ^ F O ^ t T l S O ^ contracts described in attached ExbibitAto tbis order be and are bereby respectively awarded to tbe lowest bidder and rejected as indicated therein; and

I T I S F O R T I ^ R O ^ E ^ ^ award is not satisfied within the prescribed time limit hy reason of the action or inactionofthesuccessrullowbidderonanycontract,therespective award is automatically voided and the executive director is authorized and directed to retain and deposittbe related contract proposal guaranty to tbe credit of tbe State Higbway Fund and readvertise that projectfor competitive bids at the earliest subsequent date.

NOTE ExhihitAon file withMinute Olerx.

TTEM^RCDTINEMINOTE ORDERS

Commissioner Eernsen madeamotion, secondedby Commissioner Wynne, and the Conmiission approved thefoiiowing Ivlinute Orders as recommendedby staff and presented oy Wm. O Eumett, Executive Director, Texas Department of Transportation.

a. Load Restrictions m Various Counties-Revision ofload restrictions on various roads and bridges on the state highway system

106979 WEfEREAS,Texas Transportation Code,§545.352establishesprimafacie TRE reasonable and prudent speedlimitsforvariousclassesof vehicles onvarious

categories ofpublic roads, streets and highways; and

WEfEREAS,Texas Transportation Code,§545.353 empowers the Texas Transportation Commission(the"conmiission^ to alter those primafacie limits anypart ofthe state highway system as determinedfrom the results of an engineering and trafficinvestigationconductedaccording tothe procedureadoptedhy the commission; and

WEEREAS, in thefoiiowing counties, engineering and traffic investigations have been made to determine the reasonable and safe primafacie maximum speeds on thefoiiowing sections ofhighway where construction projects are in progress.

October 31, 1996 17

CONSTRUCTION SPEED ZONES

COUNTY (City)

HIGHWAY CONTROL-SECTION PROJECT

LIMITS

RM-REFERENCE MARKER ST-STATION

MP-MILEPOST/MILEPOINT

BEGIN END

LENGTH CONST. SPEED

ABILENE DISTRICT

SCURRY SH 350 693-3 CPM 693-3-33

ST 5+206 ST 23+042 17.900 KM 55 MPH

HOUSTON DISTRICT

MONTGOMERY JH45 110-4 NH 97(22)

ST 1293+61 ST 1443+00 2.829 MI 55 MPH

MONTGOMERY IH AFAR/WFR 110-4 NH 97(22)

ST 1293+61 ST 1443+00 2.829 MI 35 MPH

WHEREAS, it has been determined by these engineering and traffic investigations that the reasonable and safe prima facie maximum speed(s) on the section(s) of highway(s) described herein are as tabulated under the heading, "Construction Speed";

NOW, THEREFORE, IT IS ORDERED that the reasonable and safe prima facie maximum speed limits on the section(s) of highway(s) described herein are declared and fixed to be as tabulated under the heading, "Construction Speed";

IT IS FURTHER ORDERED that the executive director is directed to implement this order for control and enforcement purposes by the erection of appropriate signs showing the prima facie maximum speed limits as tabulated under the heading, "Construction Speed," in accordance with the Texas Department of Transportation's (the "department") "Procedure for Establishing Speed Zones." Upon completion of each construction project, all such signs applying to that project shall be removed. The completion and/or acceptance of each project shall cancel the provision of this Minute Order applying to said project.

REGULAR SPEED ZONES

WHEREAS, engineering and traffic investigations indicate that it is necessary to alter the speeds on the following section of highways;

October 31, 1996 18

COUNTY (City)

HIGHWAY CONTROL-

LIMITS LENGTH (MILES)

SPEED (MILES

COUNTY (City)

SECTION RM-REFERENCE MARKER ST-STATION MP-MILEPOST/MILEPOINT

LENGTH (MILES)

PER HOUR)

BEGIN END

AUSTIN DISTRICT

TRAVIS SH71 700-3

MP 3.300 MP 12.325 9.025 65

TRAVIS SH71 700-3

MP 15.555 MP 18.670 3.115 60

TRAVIS SH71 700-3

MP 18.670 MP 18.870 0.200 55

BRYAN DISTRICT

LEON SH75 166-4

MP 1.021 MP 1.221 0.200 60

HOUSTON DISTRICT

GALVESTON (Texas City)

FM 1764 1607-1

MP 4.842 MP 9.900 5.058 65

TYLER DISTRICT

HENDERSON SH31 164-3

MP 41.315 MP 42.173 0.858 65

HENDERSON FM59 458-1

MP 1.540 MP 11.727 10.187 60

HENDERSON (Cross Roads, uninc.)

FM59 458-1

MP 11.727 MP 12.277 0.550 45

HENDERSON (Cross Roads, uninc.)

FM59 458-1

MP 11.927 MP 12.077 0.150 30 (School Zone)

HENDERSON FM59 458-1

MP 12.277 MP 14.439 2.162 60

HENDERSON FM3441 701-1

MP 2.450 MP 9.831 7.381 55

HENDERSON (Cross Roads, uninc.)

FM3441 701-1

MP 9.831 MP 10.181 0.350 45

HENDERSON (Cross Roads, uninc.)

FM3441 701-1

MP 10.031 MP 10.181 0.150 30 (School Zone)

SMITH (Tyler)

US 271 165-1

MP 2.411 MP 3.489 1.345 70

SMITH (Tyler)

US 271 165-1

MP 3.489 MP 8.116 4.627 65

SMITH SH155 s?n-6

MP 12.442 MP 16.919 4.477 55

October 31, 1996 19

COUNTY (City)

HIGHWAY CONTROL-SECTION

LIMITS

RM-REFERENCE MARKER ST-STATION

MP-MILEPOST/MILEPOINT

BEGIN END

LENGTH (MILES)

SPEED (MILES PER HOUR)

SMITH SH31 164-4

MP 1.000 MP 4.958 3.958 65

SMITH SH31 164-4

MP 4.958 MP 6.300 1.342 55

WACO DISTRICT

LIMESTONE FM 1633 1664-1

MP 0.312 MP 2.244 1.932 55

McLENNAN FM434 833-4

MP 4.039 MP 4.276 0.237 45

McLENNAN FM434 833-4

MP 4.276 MP 4.739 0.463 55

McLENNAN FM434 833-4

MP 4.739 MP 8.728 3.989 60

McLENNAN FM434 833-4

MP 8.728 MP 8.928 0.200 55

McLENNAN (Downsville, uninc.)

FM434 833-4

MP 8.928 MP 9.608 0.680 45

WHEREAS, it has been determined by these engineering and traffic investigations that the reasonable and safe maximum speeds for the sections of highways described above are shown under "Speed";

NOW, THEREFORE, IT IS ORDERED that the executive director be authorized to proceed with the erection of appropriate signs showing the maximum speed limits.

IT IS FURTHER ORDERED that a provision of any prior order by the commission which is in conflict with a provision of this order is superseded to the extent of that conflict.

CANCELED AND SUPERSEDED SPEED ZONES

WHEREAS, in various counties, the Texas Transportation Commission has by MINUTE ORDER(S) set speed hmit(s) on various section(s) of highway(s) ofthe State Highway System; and

WHEREAS, speed limits on the various section(s) of highway(s) are no longer necessary or have been incorporated by cities which have the authority to set speed limits on this/these section(s) of highway(s);

October 31, 1996 20

NOW, THEREFORE, IT IS ORDERED that the following MINUTE ORDER(S) or parts of MINUTE ORDER(S) which establish speed limit(s) on this/these section(s) of highway(s) be canceled and superseded.

CANCEL/ SUPERSEDE THAT PORTION OF M O. NUMBER (DATED)

PERTAINING TO CANCEL/ SUPERSEDE THAT PORTION OF M O. NUMBER (DATED)

DISTRICT COUNTY (City)

HIGHWAY CONTROL-SECTION

LIMITS

RM-REF MARKER ST-STATION MP-MILEPOST/POINT

BEGIN END

LENGTH (MILES/ KM)

106558 (12/21/95)

AUSTIN TRAVIS SH71 700-3

MP 3.300 MP 12.325

9.025 MI

106558 (12/21/95)

AUSTIN TRAVIS SH71 700-3

MP 15.555 MP 19.500

3.945 MI

106847 (6/18/96)

TYLER HENDERSON FM 59 458-1

MP 1.540 MP 14.439

12.899 MI

106558 (12/21/95)

TYLER SMITH SH155 520-6

MP 12.442 MP 18.735

6.293 MI

106847 (6/18/96)

WACO LIMESTONE FM 1633 1664-1

ST 413+30.56 ST 423+86.56

0.200 MI

106847 (6/18/96)

WACO McLENNAN FM434 833-4

ST 101+45 ST 111+21.70

0.237 MI

106847 (6/18/96)

WACO McLENNAN FM434 833-4

ST 111+21.70 ST 135+65.10

0.463 MI

106847 (6/18/96)

WACO McLENNAN (Downsville, uninc.)

FM 434 833-4

ST 346+44 ST 357+00

0.200 MI

106847 (6/18/96)

WACO McLENNAN (Downsville, uninc.)

FM 434 833-4

ST 357+00 ST 382+39

0.481 MI

106847 (6/18/96)

WACO McLENNAN (Downsville, uninc.)

FM434 833-4

ST 382+39 ST 392+95

0.200 MI

b. Load Restrictions (1) Various Counties - Revision of load restrictions on various roads and bridges on the state highway system

106980 WHEREAS, the Texas Transportation Commission (the Commission) under DBS provision of Texas Transportation Code 621.102, is authorized to fix the maximum

gross weight of vehicles, or combination thereof, and load as well as the maximum axle and wheel loads, to be transported or moved on, over or upon any State highway or any road that has been classified by the Commission and shown by the records of the Commission as a Farm-To-Market or Ranch-To-Market Road under the jurisdiction of the Commission, at a weight less than the legal loads when it is found

Octoher31,1996 21

that greatermaximum weight would tend to rapidly deteriorate or destroy the roads, bridges or culverts; and

WHEl^AS, an engineering and traffic investigation has been made on the Highway Systemto determine and hxthe maximum loads to he transported or moved on, over or upon the roads and structures of said Highway System; and

WHEREAS, it has heen determinedfrom this investigation that the loads on certain structures and sections ofroads ofthe Highway System should be restricted or previous restrictions sbouid be revised or removed; and

v TlEREAS, this action is in accordance with the 1995-1999 Strategic Plan Strategy toprovidefor routine maintenance andoperation of the state highway system;

NOW, THEl^EOl^ IT IS OlO^El^O that the maximum limits ofloads wbicb may be transported or moved on, over orupon tbose roads and structures as descrihed in ExhibitsAandEbe fixed, revised and removed as setfortb therein, superseding any portion ofprevious action in conflict herewith.

ITIS l^THEROl^EREOthat the Executive Oirector shall proceed with the erection, revisionand removal ofsigns as appropriate, thereby maxing the dxing, revisions and removal ofthese load limitations effective and operative

NOTE: ExhibitsAandEon tile withlvlinuteClerx.

c. Highway Oesignation (11 Atascosa and Kames Counties-SH117-Remove the designation ofSH 117from the state highway system

106981 WHEl^AS.inATASCOSAANOKARNES COOTIES. MinuteOrder TEE No. 80559,datedEehruary 23,1983, designated proposed State Highwayll7,from

O.S.Highway281 atEleasanton,eastwardtoO. S.Highway 181 at Kames City,a distance ofapproximately 35.5 miles; and

WHEREAS, officials of Atascosa and Karnes Counties donotwishto continue their support ofthe proposed State Highwayll7; and

WHEREAS, pursuant to theTexas Transportation Code, Sections 201.103 and 221.001, the executive director has recommended that the designationof State Highwayll^beremovedfrom the State Highway System; and

WHEREAS, this action is in accordance with the 1995-1999 Strategic Rlan strategy to provide tor routine maintenance and operation of the State Highway System;

Octoher31,1996 22

NOW, THEREFORE, ET ES OROEREO mat me donation of STATEHIGHWAY 117is removed fromthe StateHighway System,from OS.Highway 281 at Eleasanton, eastward toO.S.Highway 181 at Karnes City,a distance ofapproximately 35.5 miles.

(2) Concho and Coleman Counties-On new and abandoned locations-Designate Recreational Road No.9atEadgittEark. Recreational Road No. IQat Kennedy Eark. and Recreational Road No. Hat Concho Eark. at the Ivie Reservoir

106982 WHEREASinCONCHOANDCOEEMANCOONTlES.theColorado TEE River MurricipalWater District and Coleman County(the county) have requested that

reoreationai roads he designated on the State Highway System:

^ from Earm to Market Road2134,approximately5.6 miles west of Earm to Market Road 503, northwestward a distanoe of approximateiyl.4miles;

^ fromEarm to Market Road 1929, approximately5.4miles west of Earmto MarketRoad 503,northward approximately0.8 mile; and

^ fromEarm to Market Road 1929,approximatelyl.0mile east ofEarm toMarketRoad2134, on current County Road 4761,northward to former location ofEarm to Market Road2134, then northeastward, northward, and northwestward to a hoat ramp in the Conoho Recreation Atea,adistance of approximately 4.6miles; and

WHEREAS, the recreational roads would he beneficial to the traveling public, allowing visitors access to the recreationalfacilities at O H . Ivie Reservoir, also knownasO.H. IvieEake; and

WHEREAS, pursuant to theTexas TransportationCode, Sections 20E103 and 221.001, the executive director has recommended tbat the recreational roads he designatedonthe State HighwaySystem; and

WHEREAS, this action is in accordance with the 1995-1999 Strategic Elan strategy to providefor routine maintenance and operation of the StateHighway System;

NOW, THEREEORE, IT IS OROEREO that these recreational roads are designated on the State Highway System:

D RECREAT10NAEROADNO 9atFadgitt Rark from E^m to Market Road2134,approximately5.6 miles west ofEarm to Market Road 503,northwestwardadistance of approximately 1.4miles;

Octohor3l,l996 23

D RECREATIONAL ROAO NO IQat Kennedy Eark. from Earm to MarkotRoad 1929, approximate Road 503,northward approximately0.8mile; and

^ RECREATIONAL ROAO NO Hat Concho Eark from Earm to Market Road I929,approximatelyf0 mile east ofEarm to Market Road 2l34,oncurrent County Road 4761,northward toformer iooation of Earm to Market Road 2L34, then northeastward, northward, and northwestward to a hoat ramp in the Conoho Recreation Area,adistance of approximately4.6miles;

however, any existing county road(s)within the above-referenced limits will not be designated orinoorporated therein prior to the award ofthe oonstruotion oontraot hy ToxasOepartmentofTransportation(the department); and

IT IS ONOERSTOOO that tho county will continue to provide maintenance for allcounty roads within tho above-referenced limits until construction by the department begins.

d. Right OfWayOisposition^urchase and Lease (l)EriscooCounty-SEI 86-0.5 mile west ofSilverton-Authorize purchase of2.98 acre addition to maintenance site at Silvorton

106983 WflEI^AS.inERISCOECOONTY.theSilvortonmamtenancesiteis ROW inadequate for current and projected maintenance and storage activities; and

WEIEREAS,atract totaling 2.98 acres adjacent to the existing site is available for purchase; and

WI^REAS,fundsfor the purchase ofanew maintenance site are budgeted intheEiscalYear 1996-97 OperatingEudgetforCapital Outlay; and

WEIEREAS, tho property is doscrihod asfollows: Being 2.98 acres, more or less,outofthoNortheastQuarterofSurvey19,ElockA,A.andE.Survoy,Eriscoe County,Texas;and

WEIEREAS, this action is consistent with the 1995-1999 Strategic Elan objective to develop, operate and maintain efficient andeffective transportation systems and services;

NOW,TI^REEORE,ITISOI^OEREOthatanappropriationintheamount ofS7,000 he and is herehy mado to cover the purchase and incidental expenses offeo simple title, less oil, gas, sulphur and other minerals, ina2.98 acre tract ofland, more or less, being all that certainlot, tract orparcel ofland inBriscoeCounty,Texas, said

October 31, 1996 24

land to be purchased as an addition to the existing Silverton maintenance site and being more particularly described in Exhibit A, attached hereto and made a part hereof.

NOTE: Exhibit A on file with Minute Clerk.

(2) Comal County - IH 35 - East side at Walnut Street in New Braunfels -Authorize exchange of 0.14 acre surplus drainage easement for new 0.16 acre drainage easement

106984 WHEREAS, in the City of New Braunfels, COMAL COUNTY. Texas on ROW INTERSTATE HIGHWAY 35. an easement interest in certain land was acquired by

the State ofTexas (the "state") for highway purposes, said easement being granted to the state by instrument recorded in Volume 114, Page 56 ofthe Deed Records of Comal County, Texas; and

WHEREAS, a portion of the aforesaid land (the "surplus land") is no longer needed for highway or public transportation purposes, said surplus land being more particularly described in Exhibit A, attached hereto and made a part hereof; and

WHEREAS, Wal-Mart Stores, Inc. (the "owner") has conveyed to the state other land needed for highway drainage purposes (the "new easement"), said new easement being more particularly described in Exhibit B, attached hereto and made a part hereof; and

WHEREAS, V.T.C.A., Transportation Code, Chapter 202, Subchapter B, authorizes the state's conveyance of such surplus land or interest therein as part or full consideration for other land needed by the state for highway purposes; and

WHEREAS, it is the opinion of the Texas Transportation Commission (the "commission") that it is proper and correct that the state release and quitclaim its rights and interest in said surplus land in exchange and as full consideration for the conveyance of the needed land to the state; and

WHEREAS, this action is consistent with the 1995-1999 Strategic Plan objective to develop, operate and maintain efficient and effective transportation systems and services;

NOW, THEREFORE, in consideration of the foregoing premises and in accordance with the provisions and within the purview of the aforementioned statute, it is hereby recommended by the commission, subject to approval by the attorney general, that the Governor of Texas execute a proper instrument releasing and quitclaiming the state's rights and interest in the surplus land in exchange and as full consideration for the new easement, said surplus land being more particularly described in Exhibit A.

NOTE: Exhibit A on file with Minute Clerk.

October31,1996 25

(3) Oihespie County-OS 290-AtEredericxshurg-Authorize purchase of 7.492 acre addition to Eredericxshurg maintenance site

106985 WHEREAS, in O1EEESE1EC0ONEY. Texas. theEredericksburg ROW maintenance warehouse site is inadequatefor current and projected maintenance and

storage activities; and

WHEREAS,atracttota1ing7.492 acres ofland adjacent to the existing site isavailablefor purchase; and

WHEREAS, tundsfor the purchase of an addition to the existing site are budgeted in theapprovedEiscalYear 1996-97 Operating Eudgetfor Capital Outlay; and

WHEREAS, the property is descrihed asfoiiows: Eeing7.492 acres ofland out ofthe WiihamO.Merriwether Survey No. 36 in Cillespie County,Texas, and also heing the same tract ofland descrihed as7.5 acres conveyed to R.E.Eeips hythe City ofEredericxshurghy deed datedJuiyl,1968, ofrecord in Volume 94, Page 269 ofthe deed records ofOihespieCounty,Texas; and

WHEREAS, this action is consistent with the 1995-1999 Strategic Plan objective todeveiop, operate and maintainefficientandeffective transportation systems and services;

NOW,THEREEORE, ITIS OROEREOthatanappropriationin the amount of$155,000 be and is hereby made to cover the purchase and incidental expenses of fee simple titie, less oil, gas, sulphur and other minerals, in7.492 acres ofland, more or less, heing ah that certain lot, tract or parcei ofland in Oi1iespieCounty,Texas, said iand being more particuiariy descrihed in Exhibit A, attached hereto and madea part hereof said tract to be purchased as an addition to the existing Eredericxshurg maintenance warehouse site.

NOTE: ExhihitAontilewithMinute Cierx.

(4) Rains County - US Highway 69 - One mile east of FM 3299 at Emory -Authorize purchase of 10.00 acre maintenance site

106986 WHEREAS, in RAINS COUNTY, a maintenance site near Emory is available ROW for purchase; and

WHEREAS, a tract totaling 10.00 acres is available for purchase in Rains County; and

WHEREAS, funds for the purchase of a new maintenance site are budgeted in the Fiscal Year 1996-97 Operating Budget for Capital Outlay; and

Octobers,1996 26

WEPEREAS, the property is descrihed as rohows. EeinglO^O acres, more or iess, out ofthe JosephP1argesSurvey,Abstract No. 109,RainsCounty,Texas, and heing part ofacertain36.04 acre tract conveyed to Joe E.Eiunter by deed recorded inVoiume 273,Page 526, ofthe Deed Records ofRainsCounty,Texas; and

WPPEREAS, this action is consistent with theP^95-1999 Strategic Pian objective todeveiop, operate and maintainefticientandeffectivetransportation systems and services;

NOW,EP^P^PORE,fEfSORDEREDthatanappropriationm of$31,000 he and is herehy made to cover the purchase and incidental expenses of fee simple titie, less oil, gas, sulphur and other minerals, inalO.00 acre tract ofland, more or less, being ah that certain lot, tract or parcel ofland in Rains County,Texas, said land to be purchased asanew maintenance site near Emory and heing more particuiariy described in Exhibit A, attached bereto and madeapart hereof

NOTE:ExhihitAonfilewithivrinuteClerx.

(5) Tarrant county-rH30-Ativtontgomery Street and Eocxe Avenue in Fort Worth-Author sealed hid

106987 WEtEREAS, in theCity ofEort Worth. TARR^TCCUNTY.Texason RCW INTERSTATE EtEGEfWAY30.certain iand neededfor highway ri

purposes was purchased in the name ofthe State ofTexas (the "state"), said iand being conveyed to the state by instrument recorded inVoiume7658,Eage1067; Volume 7415,Eage 1512; Voiume7467,Eagei301;andVoiume 7476, Rage 719, ofthe Deed Records ofTarrantCounty,Texas; and

WE1EREAS, it having been determined thataportion of the aforesaid land (the "surplus iand") is no longerneededfor highway or public transportation purposes orforuse of citizens asaroad, said surplus land was advertisedfor saie as provided byV.T.C.A,Transportation Code,Chapter 202, SubchaptorD, said surplus land heing more particularly desorihed in Exhihit A, attaohed hereto and madeapart hereof; and

WEfEREAS,ahidof$57,850 was submitted hyErestonivl.Ceren, Jr. (the "successful bidder"),which was the highest hid received; and

WEtEREAS,V.T.C.A,Transportation Code, Chapter 202, Subchapter 8, authorizes the sale of such surpius right of way property originahy acquired in tho state's name; and

WEfEREAS, theTexas Transportation Commission(the "commission") finds $57,850 to beafair and reasonable vaiue ofthe state's rights, titie and interest in said surpius iand, and it is the opinion ofthe commission that it is proper and correct that

Octobers,1996 27

the state convey its rights,title and interest tothe successrulhidderforacash consideration in the amount ofthe above determined value; and

WI^REAS, this action is consistent with the!995-l999 Strategic Elan objective todevelop, operate and maintainefficientandeffectivetransportation systems and services;

NCW,EEIEREEC^,in consideration of theforegoingprernises and in accordance v th the provisions and v thm the purview ofthe aforementioned status it is herehy recommended by the commission, subject to approval by the attorney general, that the Governor ofTexas executeaproper instrument conveying all ofthe state's rights, title and interest in the aforementioned surplus land to the successrul hidderforacash consideration of$57,850, said surplus land being more particularly descrihed inExhihitA

NGTE.ExhibitAontilewithMinute Cierx.

(6) Wheeler County-1H40- EOmileeastof Shamrocx-Authorize purchase oflO.OO acre maintenance site at Shamrocx

106988 W^I^AS.inW^EEERCCONTY.amaintenance site near Shamrocxis ROW availahlefor purchase; and

WffEREAS,atracttotahng10.00 acres is availahlefor purchase in Wheeler County; and

WI^REAS,tunds for the purchase ofanew maintenance site are budgeted intheEiscalYear 1996-97 CperatingEudgetforCapital Outlay; and

WHEREAS, the property is descrihed asfohows; EeinglO.OO acres, more or less, out otthe northwest corner of the 17,H^ON.Ry. Co. Survey, WheeierCounty, Texas; and

WEfEREAS, this action is consistent with the1995-1999 Strategic Elan objective to deve1op,operate and maintain efficient and effective transportation systems and services;

NOW,TEfEREEORE,1T1SOROEREOthatanappropriationintheamount ofS21,000 be and is herehy made to cover the purchase and incidental expenses of fee simple title, less oil, gas, sulphur and other minerals, inalO.OO acre tract ofland, more or less, heing ah that certain lot, tract or parcel ofland inWheeler County, Texas, said land to he purchased asanew maintenance site near Shamrocx and being more particularly descrihed in Exhihit A, attached hereto and madeapart hereof

NOTE:ExhibitAonfi1ewithMinuteC1erx.

Octobers, 1996 28

(7) Wise Oountv-OSElighway380-AtTrinity Street in Oecatur-Authorize sale of5,408 squarefoot tract of surplus rigbt of way to abutting landowner

106989 WEfEREASinWlSEOOONTY. Texas, on OS H1OEEWAY380. theState ROW ofTexas(the "state") acquired certain land neededforhlghway purposes, said land

heing conveyed to the state hy instruments recorded inVolume415,Page 533,and Volume416, Page 843,of the Oeed Records ofWiseOounty,Texas; and

WEE^REAS,aportion of the aforesaid land is no longer neededforhlghway or puhlic transportation purposes orfor use of citizens asaroad, said surplus land heingmoreparticularlydescrihedinExhibitA, attached hereto and madeapart bereot and

WEfEREAS, the ahutting landowners,Thomas Oan Nihlett and wife, Eibby EarleneNiblett (the "ahutting landowners"), have requested that the state sell all of its rights, title and interest in and to the surplus land described in ExhihitAto them for $540; and

WEfEREAS,VT.O.A, Transportation Oode, Chapter 202, Subchapter B, authorizes tbe sale to tbe abutting landowners ofsucb surplus rigbt ofway property originally acquired in the state'sname; and

WHEREAS, theTexas Transportation Oommission(the "commission") finds $540 to beafair and reasonable value of the state's rights, title and interest in the surplus land described in Exhibit A, and it is the opinion ofthe commission that it is proper and correctthat the state convey all ofits rights, title and interest in the surplus land to the abutting landownersforacash consideration in the amount of the above determined value; and

WHEREAS, this action is consistent with the!995-1999 Strategic Plan objective to develop, operate and maintain efficient and effective transportation systems and services;

NOW,THEREEORE,in consideration of theforegoing premises and in accordance with the provisions and within the purview ofthe aforementioned statute, it is hereby recommended hythe commission, subject to approval by the attorney general, thatthe Oovemor ofTexas executeaproper instrument conveying all of the state's rights,title and interest in the aforementioned surplus land to the abutting landowners foracash consideration of$540, said surplus land being more particularly described in Exhibit A.

NOTE^ExhibitAonhlewithMinuteOlerx

Octoher31,1996 29

e. Authorization ofBuilding and Oround Improvements 0)OassOounty-OonstructionofaOistrict right of way office and addition to Oistrict iahoratory.inciuding site improvements

106990 W H E ^ A S i n O A ^ P O O ^ T Y m OSO MAIN ANOPA^ST^ETS.aprojectto c o n s t r

and an addition to the OisttictLahoratory^including site improvements is necessary for the continuation ofthe maintenance ofhighways; and

WHEI^AS, the construction ofanewRightofWay huilding and an addition to the Oistrict Laboratory is the most advantageous way to meet these needs; and

WLu^1^AS,mndsforthese capital improvements are budgeted in the Oapital Oonstruction Activity ofthe 1996-1997 Operating Budget;

N O W , L L L B ^ F 0 ^ 1 L 1 S O ^ authorized to proceed in the mostfeasihle and economical manner with the work described at the estimated cost of$605,000.

(2) OeWitt Oounty-OonstructionofaOistrictofhce annex, including site improvements

WI^REAS inOBWITTOOONTY IocatedintheO the district headquarters grounds at 403 I^OKSL^BL.aproject to constructa districtofticeannexhuilding, including site improvements are necessaryfor the continuation ofthe maintenance ofhighways; and

WHBI^BAS, the construction of a new huilding facihty is the most advantageous way to meet these needs; and

WffE^AS^mndsforthesecapitalimprovements are budgeted in the Oapital Oonstruction activity ofthe 1996-1997 Operating Budget;

N O W , T ^ ^ 0 ^ 1 L 1 S O R ^ authorized to proceed in the mostfeasihie and economicai manner with the work descrihed at the estimated cost of$600,000.

(3) Various Oounties Oonstruction of equipment storage huiidings including site improvements

W L h ^ A S , m L R ^ f ^ ^ 287 5 m i 1 e e a s t o f F A ^ L O M A I ^ T R O A 0 3 1 5 4 i n the OILY OROVBLON.andinSANtAOINLOOOL^LYIocatedonSLALB 150.2nn1eswestof1NLBRSLALB^O^AY59intheOt^^ aproject to construct equipment storagebuildings, including site improvements are necessaryfor the continuation ofthe maintenance ofhighways; and

106991 OSO

106992 OSO

October31,1996 30

WHEREAS, me construction of new buiiding tacilities is the most advantageous way to meet these needs; and

WHEREAS, mndsforthese capital improvements are budgeted in the Oapital Oonstruction activity ofthe 1996-1997 Operating Budget;

NOW,EHEREEORE,1T1SOROEREOthattheexecutivedirectoris hereby authorized to proceed in the mostfeasihle and economical manner with the work descrihed at the estimated cost of$165,000.

(4) WiliiamsonOounty-Oonstructionofan addition to the maintenance and engineering huilding. including site improvements

WHEREAS, in WIEEIAMSONOOONEY.iocatedintheOIEYOE OEOROETOWN. at 2727 SOOTH AOSEfNAVElNTFE.aproject to constructa maintenance huilding, including site improvements is necessaryfor the continuation ofthe maintenance ofhighways; and

WHEREAS, the construction of new huilding facilities is the most advantageous way to meet these needs; and

WHEREAS, fundsforthese capital improvernents are budgeted in the Oapital Oonstruction activity ofthe 1996-1997 Operating Budget;

NOW,THEREEORE,1T1SOROEREOthattheexecutivedirectorishereby authorized to proceed in the mostfeasihle and economicai manner with the work descrihed at the estimated cost of$635,000.

f Interstate Highway, OS. Highway. State Highway.Earm to Market Road Projects (1) Hidaigo Oounty-EM 495 -Authorize amendment to Minute Order 89196 to include the city ofPaimview

106994 WHEREAS. inHfOAEO^OOONTY(m^ ERR from State Highway 107 at Earm to Market Road 495, west to Eahoma Orive and

southtoO.S.Highway83, adistance of approximately 2.7mi1es, aproject to designate and construct the extension ofEarm to Market Road 495 was approvedhy tender Minute Order 89196, dated August 29, 1989 as shown in Exhihit A; and

WHEREAS, Minute Order 89196 became operative afrer resolutions were passed hythe county and the city ofMission; and

WHEREAS, althoughaportion ofthe project is located within the city limits ofPaimview, the city ofPalrnview^the city) was inadvertently exciudedfrom Minute Order89196;and

106993 OSO

Octoher31,1996 31

WEIEREAS, the city, being aware ofthe provisions stipulated in Minute Order 89196, has indicatedawillingness to participate in the project to the extent applicable to their city; and

WHEREAS, tbe oounty and tbe Olty ot Mission, baving aooepted tbe provisions ofMinute Order 89196, and having been notified ofthe city's willingness to participate in that portion ofthe project within the city'sjurisdiction, and provided tbat tbe oity aooepts tbe provisions tendered by Minute Order 89196, are in oonourrenoe witb tbis aotion; and

WEfEREAS, this action is consistent with the!995-1999 Strategic Plan strategy to plan, design, and manage bigbway projects;

NOW, TPlEREPORE,Pf IS OROEREO that Minute Order 89196, dat ^ August 29, 1989 is amended to include tbe city's participation; and

IT IS Pl^EPlEROROEl^O that the executive director is herehy directed to tender this proposal to the city, and upon acceptance ofthe provisions ofMinute Order 89196 hythecity, the executive director is herehy authorized to proceed in the most feasible and economic manner witb project development to include any necessary agreements, rigbt of way acquisition, utility adjustments, relocation assistance andconstructlon atanestimatedcost totheState of $2,330,000as programmed in Category 8E,Earm to Marxet Road System Expansion Program, of the 1997 OnifiedTransportation Program.

This order shall become operative upon acceptance by the city; and if not acceptedwithin 90 days of the date hereofthe action herein contained shall he automatically canceled

NOTE:ExhihitAonfilewithMinute01erx.

(2) McLennan County - On Loop 396 (Valley Mills Drive) at the intersection with Bosque Road in the City of Waco - 1994-1995 Landscape Cost Sharing Program

106995 WHEREAS, in MCLENNAN COUNTY, along LOOP 396. at intersection DES with Bosque Boulevard, the City of Waco (the "city") desires to perform a 1994-1995

Landscape Cost Sharing Program project and has committed a total contribution of $34,160 toward the completion of the project, which represents a cash contribution of $14,960 and $19,200 the agreed, fair-market, non-cash value of providing project maintenance for a period of twenty-four (24) consecutive months; and

WHEREAS, in August 1993, the Texas Transportation Commission approved the 1994-1995 Landscape Cost Sharing Program by minute 102639 in the amount of $2,000,000;

Octobers, 32

WLIE^AS, this action is in acc ^ Strategy to pian, design and manage highway projects;

NOWLLLEt^FORE, tLrSOR^ authorized to aooept this offer, and manner with projeot deveiopment to inciude any neoessary agreements and construction at an estimatedcost to the state ot$34,i60 tobe programmed in Category i6in the 1994-1995 Landscape Oost Sharing Program; and

tLISFL^Lr^RCRDE^Othatupo oontraot administered hythe department, ah subsequent and continuing maintenanoe, repair and replacement needs otthe project shah be provided hythe city.

NCLL:ExhibitAonrilewithlvlinute01erk.

(3) Williamson County-OS 183. from Pond Springs Road to north of Eakeline Eoulevard-Cancel Minute Orders 85379 and 88516andtendera Minute Orderto the City of Austin to revise local participation in right of way and utility costs

106996 WPPEREAS. in W1EE1AMSON COONTY onO S.PrlOPtWAY183. from TPP Pond Springs Road to north ofEakelineEoulevard,adistance of approximately 1.9

miles,aproject to reconstruct the existing highway toafreeway was approved in Priority^, Category 3Aof the 1997 OnifiedTransportation Program (OTP); and

WEfEREAS, MinuteOrder 85379,datedJanuary28,1987,wastendered to and accepted hythe City ofCedar Park, Southwest Williamson County Road Oistrict No.l,and Williamson County; and

WEfEREAS, the limits ofthe project were subsequently annexed hythe City of Austin; and

WPfEREAS, Minute Order 88516, datedMarch28, 1989, was tendered to and accepted hythe City ofAustin, without cancellation ofMinute Order 85379; and

WEPEREAS, provisions outlinedinMinute Order 88516are no longerfeasihle and have impeded the acquisition of right otway and turther development of the projeot; and

WE1EREAS, the Texas Oepartment ofTransportation (the department) has determmed and now recommends that it is in the hest interest ofthe traveling puhhc tocancel Minute Orders 85379 and 88516,to he superseded hythe provisions outlined helow; and

WPfEREAS,this action is consistent with the!995-1999 Strategic Plan strategy to plan, design, and manage highway projects;

Cctoher3l,l996 33

NCW,TPu^PCRE,tTrSCt^ authorized to tender thefoiiowing proposal to the City of Austin.

Provided the City of Austin will:

1. Provide ten percent ofthe cost ofright ofway, clear of ohstructions, including easements and any right of way requiredfor environmental mitigation,with acquisition procedures to he in accordance with the policies ofthe department and with apphoahie Federai and State iaws governing pohoiesfor acquiring reai property,

2. Provide tenpercentof the costof eligible utilityadjustments as may he required in aooordanoe with poiioies ofthe department.

The department will:

1. Provide ninety peroentof the costof rightof way, clearofohstruction, including easements and any right ofway required for environmentai mitigation,with acquisition procedures to he in accordance with the pohcies of the department and with applicahle Pederaland State lawsgoverning pohciesfor acquiring reai property.

2. Provide ninety percent of the cost of eiigihieutiiity adjustments as may he required in accordance with pohcies ofthe department

3. Provide relocation assistance as may he determined to he eiigihie under the Relocation Assistance Program.

tTtSPPFRTPPEROR^ formal acceptance hythe governing hody ofthe City ofAustin, and effective on that date:

P ivhnute Crders 85379 and 885l6are canceled and shah he of no rurtherforce or effect, and

2. The executive director shah proceed in the mostfeasihle and economical mannerwithprojectdevelopmentto include any necessary agreements, right ofway acquisition and relocation assistance at an estimated state cost of$P8 million as part ofaprojectprogranmied in Priority 2,Category3A,NPIS Mohiiity, ofthe 1997UTP.

Pfnot accepted withm 90 days ofthe date hereof, the action contained in this order shall not he implemented.

Cctoher31,1996 34

^ Eminent Domain Eroceedings f1)EIFasoCounty-Requestfor eminent domain proceedings to acquire land for the construction of the replacement of the AnthonyTravel Information Center/24-HourRestAreaBfrucxFermitEarxing Area on Interstate Highway IQat the New Mexico State Eine

106997 WHEREAS,the65thEegislature(1959)passedSenateEill 152 (TexasCivil ROW Statutes, Article6144e,Sec.3)directingtheTexas Highway Department, nowTexas

Department ofTransportation (the"department"),to maintain and operate fravel irdormation centers at the principal gateways to the State ofTexas (the "state") for the purpose ofproviding road information, travel guidance and various descriptive materials, pamphlets andbooxlets designed tofurnlsh aid and assistance tothe traveling puhiio and stimulate travel to and within the state; and

WHEREAS, the travel information oenter located on INTERSTATE HICHWAY 10 inthe Cityof Anthonyhas outgrown itspresentfacilities, and increased services to out-of-state travelers mandatesanew center he built to meet those needs and to meet the requirements ofthe Americans with Disahilities Act; and

WHEREAS,MinuteCrderNo. 101863, datedJanuary26, 1993, authorized fhe executive directorforfhe department to proceed with the purchase of necessary dght ofway and with the construction ofthe Anthony Travel Information Centers-Hour Rest AreaEacility and Appurtenances; and

WHEREAS, theTexas Transportation Commission(the "commission") has found and determined that each of thefoiiowing listed parcels ofland, same heing more particularly descrihed in the exhibits attached hereto, and such additional lesser estate orproperty interests descrihed thereon, are necessary or convenient to lay out, construct, ormaintainaroadsideparxalongwithadditionaltrucxpermit parxing area and other facilities related to the location, construction, improvement, maintenance, heautihcation,preservation, oroperationoflnterstateHighway lOinElEaso County, Texas, as part of the new AnthonyTravel Information Center/24-Hour Rest Area Facility and Appurtenances tohe so constructed,reconstrucfed, maintained and operated thereon; and

WHEREAS, fhe commission, throughitsduly authorized representatives, has attempted to negotiate with theowners ofthe parcelsofland descrihed in the attached exhibits and has heen unahie to agree with such owners as to thefair cash marxet valuethereof and damages,ifany,or after diligent search of available records, numerous inquiries and actual visits to the location ofsaid parcels ofland has been unable to locate the owners of same so as to enter into negotiationsfor the purchase ofsaid parcels ofland;

NOW, THEREFORE, ITIS CRDEREDthattheexecutivedirectorforthe department is herehy authorized and directed to transmit this request of the commission to the Adorney Ceneral ofthe State ofTexas to me or cause to he filed, against all owners, lienholders and any owners of any other interests in said parcels, proceedings in eminent domain to acquire in the name ofand on behalf ofthe state.

Ocrober34i996 35

for said pnrposes,feesirnpiedderoParceisiand 4024-i-i,said parcois being more partis rnadeapariofbereof, and snob additional iesser esrares or property interests as are rnorefdiiy described in eacb ofsaid exhibits, save and excepting, oil, gas and s^ as provided by iaw.

NOTE:Exbibitsiand2ontiiewitbMinnteCierx.

(2) Various Counties - Roquet for eminent domain proceedings on noncontrohed and oontroiied access highways

106998 WHEREAS theTexas Transportation Commission(the "commission") ofthe RCW State ofTexas (the "state") hasfound in order to promote the pubiic safety, to

faciiitate the safety and movement oftraffic and to preserve the financial investment of thepuhiic in itshighways,pubhc necessity requires the iayingout, opening, constructing, reconstructmg,mamtaining, and operating of thefoiiowing highways in the state asapart of the State Highway System (the "highway systems and

WHEREAS, the commission hasfound anddeterminedthateachof the fohowing hsted parcels ofiand, same being more particuiariy described in the exhibits attached hereto, and such additional iesser estates or property interests descrihed thereon, are necessary and suitahleforusefor such purposes and it is necessary to acquire fee simpie titie to said iand, as providedhy iaw, asapart of the highway system to he so constructed, reconstructed, maintained and operated thereon; and

WHEREAS, the commissionhasfound in order to promote the puhhc safety, tofacihtate the satety and movement of traffic, to preserve thefinanciai investment of the puhhc in its highways and to promote the national defense, puhhc necessity requires the iaying out, opening, constructing, reconstructing, maintaining, and operating ofControiied Access Highways in the state asapart ofthe highway system at such locations as are necessary throughout the state and has determined that each ofthefohowinghstedparceisofiand, descrihedinthoseExhihits designated, identified and hsted by an aiphaheticai exhibit reference under "CCNTRCEEED ACCESS" and same heing more particuiariy descrihed in the exhibits attached hereto and such additional iesser estates or property interests described thereon, are necessary and suitahleforusefor such purposes and it is necessary to acquirefee simpie titie to said iand, as provided by iaw,asapart ofthe highway system to be so constructed, reconstructed, maintained, and operated thereon and in the exercise of the pohce power ofthe stateforthe preservation ofhuman hfe and safety,and under existingiaws, the highwayto he constructed on each such parcei ofiand is designated asaControhed Access Highway,and on such parcels ofiand listed herein where there is remainmgabuttingprivate property, roads are to he buiit asapart of said highway whereby the right ofingress and egress to or fiom the remaining private property abuding on said ighway is to be permidedand/or denied, as designated and setfortb on each ofthe exhibits attached hereto; and

Octobers,1996 36

W ^ I ^ A S , the commission, through its duly authorized representatives attempted to negotiate with the owner(s) of the parcels of land descrihed in the adached exhibits and has been unahie to agree with such owner(s)as to thefair cash market value thereofand damages, ifany, or atier diligent search of available records, numerous inquiries, and actual visits to the location ofsaid parcels ofland has been unabletolocatetheowner(s)ofsamesoastoenterintonegotiationsfor the purchase ofsaid paroels ofland; and

W^REAS, this action is consistent with thel995-l999 Strategic Plan strategy to optimize timing of highway right of way acquisition and utility adjustments;

NOW,THE^PO^,H^ authorized and directed to transmit this request ofthe cornmission to the attorney general to tile or cause to be filed, against ah owners, lienholders and any owners of anyotherinterests in said parcels ofland, proceedings in eminent domain to acquire in tbe name of and on behalf of the state,for said purposes,fee simple title to each such parcel ofland as are more particularly descrihed in each ofthe exhibits attached hereto and madeapart hereof and such additional lesser estates or property interests as are more tully descrihed in each of said exhibits, save and excepting, oil, gas and sulphur, as provided by law, to wit:

EXHIBIT COUNTY HIGHWAY ACCOUNT NO PARCEL

1 Harris Mykawa Road 6012-50-3 4 2 Harris Mykawa Road 6012-50-3 5 3 Bexar Wurzbach Road 6015-50-7 13 4 Bexar Wurzbach Road 6015-50-7 35 5 El Paso FM76 6024-00-1 545 6 El Paso FM 76 6024-00-1 549 7 El Paso FM 76 6024-00-1 568 8 Tarrant Business US 287 8002-1-62 4 9 Smith FM 2493 8010-2-39 19 10 Smith FM 2493 8010-2-39 21 11 Smith FM 2493 8010-2-39 30 12 Fort Bend SH6 8012-2-14 40 13 Harris US 90A 8012-2-26 5

CONTROLLED ACCESS

EXHIBIT COUNTY HIGHWAY ACCOUNT NO PARCEL

A Tarrant SH 199 8002-1-67 39 B Tarrant SH199 8002-1-67 40 C Tarrant SH 114 8002-1-68 6 D Tarrant SH 114 8002-1-68 8 E Tarrant SH 114 8002-1-68 18 F Tarrant SH 114 8002-1-68 19

October 31, 1996 37

EXHIBIT COUNTY HIGHWAY ACCOUNT NO. PARCEL

G Tarrant SH114 8002-1-68 24 H Tarrant SH 114 8002-1-68 25 I Tarrant SH 114 8002-1-68 30 J Lubbock US 82 8005-1-20 75 (Pts. 1 & 2) K Harris SH 249 8012-2-1 353 L Harris SH 249 8012-2-1 375 M Harris SH 249 8012-2-1 377 N Harris SH 249 8012-2-1 394 0 Harris SH 249 8012-2-1 403 P Harris SH 249 8012-2-1 404

Q Harris SH 249 8012-2-1 512 R Fort Bend US 59 8012-2-18 99 S Travis US 290 8014-1-71 21E&21TE T Montgomery IH45 9012-7-27 3 U Montgomery IH45 9012-7-27 20 V Montgomery IH45 9012-7-27 39 (Pts. 1-3)

w Montgomery IH45 9012-7-27 44 X Harris IH45 9012-7-30 368

NOTE: Exhibits 1 thru 13 and A thru X on file with Minute Clerk.

Chairman Laney recessed the meeting at 12:22 p.m. to go into Executive Session.

ITEM 12. EXECUTIVE SESSION pursuant to Government Code. Chapter 551.

a. Section 551.071 - Consultation with, and advice from legal counsel concerning pending/contemplated litigation, settlement offers and negotiations.

b. Section 551.072 - Discussion of real property purchase, exchange, lease, donations, and related negotiations.

c. Section 551.074 - Discuss the evaluation, reassignment, and duties of the individual district engineers, division directors, and special office directors.

The puhhc was excluded from the meeting, and the Commission convened in Executive Session at 12:22 p.m. to discuss Section 551.071.

The Executive Session ended at 1:22 p.m. with no action being taken, and the meeting was reopened to the public and reconvened at 1:23 p.m. with Chairman Laney, Commissioner Bernsen, Commissioner Wynne, and Administrative Staff being present.

October 31, 1996 38

I 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 Commission. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning ofthe open comment period.

The Commission received comments from Tom Wolf, private citizen.

The Regular Meeting of the Texas Transportation Commission closed at 1:25 p.m., October 31, 1996.

NOTE: A verbatim transcript of meeting on file with Minute Clerk.

Davia^Mrtaney, Commissioner ofTransportation Chairman, Texas Transportation Commission

-ooOOOOoo-

I I hereby certify that the above and foregoing pages constitute the full, true and

correct record of all proceedings and official orders of the Texas Transportation Commission at its Regular Meeting, held in Austin, Texas, on October 31, 1996.

Dianne Friesenhahn, Minute Order Clerk Texas Department ofTransportation