Texas Department of Transportation Commission Meeting

Commission Room
Dewitt Greer Building
125 East 11th Street
Austin, Texas

9:11 a.m. Thursday, February 22, 2001

COMMISSION MEMBERS:

JOHN W. JOHNSON, Chair
ROBERT L. NICHOLS
DAVID M. LANEY
RIC WILLIAMSON, Appointee

STAFF:

CHARLES W. HEALD, Executive Director
HELEN HAVELKA, Executive Assistant, Engineering Operations
 

PROCEEDINGS

MR. JOHNSON: Good morning. It is 9:11 a.m. and I would like to call this meeting of the Texas Transportation Commission to order. I would like to welcome you to our February 22 meeting. It is a pleasure to have you here this morning.

Let me note for the record that public notice of this meeting containing all items of the agenda was filed with the Office of the Secretary of State at 11:03 a.m. on February 14, 2001.

Before we get started I would like to ask my colleagues on the commission if they have any remarks or comments they would like to make.

David Laney?

MR. LANEY: It's just nice to see the turnout. I know we've got a number of delegations this morning, and as many of you know, this is likely to be my last meeting, and most of the faces are now -- I'm slow on the uptake -- but after six years they're familiar, and virtually all those six years most of the faces have been very supportive of our efforts, and I can't tell you how much I appreciate it. It's made our jobs much easier and more effective over the last six years, so I appreciate it, and I'll miss you guys. Thanks.

MR. JOHNSON: Robert?

MR. NICHOLS: I'd also like to thank all of you who have taken time out of your day to come and talk about transportation with us. Some of you traveled short distances. Some of you have traveled long distances across the state, and we appreciate the effort that you have made to try to explain your needs.

And also since this is probably David's last meeting I'd like to publicly say how much I have really enjoyed serving with him for the last four years. He's been very good for Texas. He's been a very back to basics kind of leadership, but also with a vision. He's been fun to work with and is a real class act, and, David, I really appreciate what you've done.

(General applause.)

MR. JOHNSON: Well, David, since you broached the subject I'm going to pile on.

Six years ago right after it was announced that Governor Bush had named me to the commission, the first phone call I got was from David Laney. The second, ironically, was from a reporter, but in these past two years David, as that first phone call showed, has been very helpful and very supportive, and from a personal note I couldn't have learned as much as I did as quickly as I have if it weren't for David's being always available in a role -- as a quasi-mentor.

And then I look around at what has happened in these two years not only within the department but also statewide in the arena of transportation and transportation planning, and I just marvel at what has happened under his leadership, and he has been a remarkable leader, and I think it will be exhibited over time just how effective his service to this commission and also to this state will be.

But, David, personal note and also from the citizens of this great state, thank you for a job well done.

MR. LANEY: Thank you, Johnny. I appreciate it very much.

(General applause.)

MR. JOHNSON: We have with us this morning as of Monday named by Governor Perry as David's successor, Ric Williamson, from Weatherford, Texas, and Ric, if you would stand up so everybody could get familiar?

(General applause.)

MR. JOHNSON: I remember two years ago when I was introduced, Anne Wynne had said something about having a bad hair day and then David said, Well, here's somebody who's never had a bad hair day, so we welcome you and look forward to working with you.

We have a full slate of business today, including three delegations. Before we get into our first delegation I notice that Senator Todd Staples has a meeting in about 15 minutes and has asked to be able to lead off. He's going to speak on I believe the I-69 route's behalf.

So, Senator, welcome.

SENATOR STAPLES: Thank you, Mr. Chairman. I appreciate that. Commissioner Nichols and Commissioner Laney, it's certainly good to see you and Commissioner-designate Williamson. We thank you for the job that you do for Texas.

I am here today to speak on behalf of the I-69 alliance that will be making a presentation to you later this morning. As I think about the tremendously important job that you do and the balancing act that you have to weigh to balance the resources to the needs that are faced in Texas, I can only think of what a great opportunity this is to build a new interstate in our state.

It is a corridor that benefits not just a region of Texas but all of Texas, and truly benefits as an international project because of the ramifications that it has. This project, as you know, will be a relief route for other overly congested routes in Texas, and I think it's just a tremendous opportunity to show what your vision is for our state and for our country with the implementation and the progress that can be made on I-69.

I know that there are dedicated citizens that are carrying the load with you. They're doing their part, and they're here today to make a presentation to you as well, and I commend them for the cohesiveness that they have shown so many times. It's difficult to balance the projects that we need, but I've seen just a tremendous gathering of individuals and resources from throughout Texas to rank this as a top project, and I thank you for your consideration of it this morning and thank you for letting me get here so I can lay out a bill.

MR. JOHNSON: Thank you very much.

Our first delegation represents the Capital Area Metropolitan Planning Organization and the Capital Area Transportation Coalition.

TRAVIS AND WILLIAMSON COUNTIES DELEGATION

(Senator Gonzalo Barrientos, Pike Powers, Todd Baxter, Mayor Kirk Watson, Mayor Robert Stluka, Rep. Ann Kitchen)

MR. JOHNSON: Senator Gonzalo Barrientos will start us off. Welcome, Senator, and thank you for letting Senator Staples intervene. Commissioner Laney has pointed out that your last few presentations before the commission have been extraordinary in entertainment value, and we're expecting no fall off in that regard.

(General laughter.)

SENATOR BARRIENTOS: May it please the commission, good morning, Chairman Johnson, Commissioners Laney, Nichols, Wes Heald. Thank you for your time and courtesy to receive our delegation's request for funding for these three very important highway projects for Central Texas.

Allow me a few brief words. Brief as there is a session going on, and I will be receiving -- sitting on the finance committee will be receiving the freshmen senator who just spoke here a while ago, so I have to get back there and hear his bill to see how we're going to do.

(General laughter.)

SENATOR BARRIENTOS: I also look forward as a member of the nominations committee to quickly confirm my colleague -- former colleague from the House, Ric Williamson. He's going to be a very good addition to this important body.

Now, as the chair of CAMPO, the Capital Area Metropolitan Planning Organization, I am pleased to tell you that our delegation brings today 50 percent of the funding needed for the requested projects. Now, this is more than twice what we committed last year. These funds include 80 percent of CAMPO's STP 4(c) funding for the next three years.

Now, I'd like to introduce the elected officials who are here today. If they would rise, just very briefly we have Representative Ann Kitchen; Commissioner, Travis County, Todd Baxter; Commissioner Travis County, Karen Sonleitner; Hays County Commissioner Bill Burnett; our Austin mayor, Kirk Watson; our council member for the City of Austin, Will Wynn; Mayor Robert Stluka of Round Rock; board chair of TTA, Pete Winstead; from our chambers Gay Valdez, Cliff Davis, Mark Hazlewood; and I'm sure I have missed someone, so, Pike Powers, please take up the slack.

Now the chairman of the Capital Area Transportation Coalition, Mr. Pike Powers, who will provide the details of our request, and by your leave, I have to get back to work. Thank you so much.

MR. JOHNSON: Thank you, Senator.

(General applause.)

MR. POWERS: Chairman Johnson, Commissioners Nichols and Laney, and Director Heald, and soon-to-be-Commissioner Ric Williamson, my name is Pike Powers and I'm the chair of the Capital Area Transportation Coalition, and it's our pleasure to be back again this year. Before we start I think on behalf of Central Texas we would like to take our hat off to David Laney.

David, your door was always open. You always listened. You were very thoughtful and sensitive in everything you said to us over a number of years. I can't tell you how much we appreciate the time and trouble you took to spend with us, to encourage us, to nurture us, to push us forward. So can we give you another round of applause from all of us?

(General applause.)

MR. LANEY: Thank you, Pike. I'll send you a bill.

MR. POWERS: Well, I hope you will.

Can I ask everybody from the Central Texas delegation -- and by the way, this includes Travis, Hays, and Williamson County -- would everybody stand up representing those various groups? Thank you very much.

You can see we have a strong delegation, Mr. Chairman and commissioners, here today to tell you again our story, which we think is a positive, constructive, going-forward story. We were here last year on these same three projects. We're back with more money and more vigor and enthusiasm than ever.

We do want to say to you and the staff that we appreciate what you did during the last year, the access roads on 290 West, which is the highest-ranked project of our three. I think about 9 million got actually spent on those endeavors, about 1.88 million as I understand it from local funds, so thanks to you and the staff for those efforts. We appreciate what we did get done but we've got a lot more to do, and we're here to tell you that story today.

We believe that Central Texas has its act together. We have a strong delegation as you can see from the people behind me. We bring money. We bring enthusiasm. We bring involvement. We bring support for your activities, and we want to go forward working with you in the future.

I think it's important that we mention the successful local dedicated funds that we're bringing. Significantly, since the last time we were here we have had successful local bond elections in both Williamson and Travis and the City of Austin, and all of these people will be here to talk about it. The voters of these communities have voted and spoken, and they want the roads. They want the mobility, and so we're here to tell you that story in spades hopefully today.

We believe we've set new benchmarks for both the local leveraging and hopefully also with our video, which you'll see in just a minute. We worked hard to meet your expectations, and we pledge to you that we'll work hard in the future to keep up our commitments.

Do we have our projects up on the screen? I know you have a paper in front of you with the Capital Area Mobility that lays out these three projects. You'll see, unlike last year when Project One was one and Project -- the other two projects were ranked two and two equally, we have had a reallocation of priorities and tried to put the second highest priority on 183 South that you'll hear about in just a minute, so that's a bit of a change from last year. That paper material is in front of you and we would welcome any questions as we go along.

Let me turn to our video in the interest of time. We think you'll find this both informative and entertaining, and we appreciate the opportunity to present it to you.

(Pause to watch video.)

MR. POWERS: We have a momento to present to Commissioner Nichols. Given the fact that the legislative battles are going to be fierce and tough and we're going to need all the help we can get, so here's your helmet to go through the battle with, Commissioner.

(General applause.)

MR. NICHOLS: That's great.

MR. POWERS: Well, we'll try to be more entertaining next year. We're working at it.

It's my pleasure now to introduce Travis County Commissioner Todd Baxter to present the 290 West project and its money.

Todd, please join us.

COMMISSIONER BAXTER: Good morning, Mr. Chairman and commissioners, Mr. Heald, and Commissioner-designate Mr. Williamson. Thanks for having us. I think the video is plenty to see. I think there's going to be a secondary market for half-tracks on 290 now.

I want to thank you for hearing our delegation today. It is an honor to appear to you -- appear on behalf of Travis County and as a member of the Capital Area Metropolitan Planning Organization, and we certainly appreciate the cooperation and assistance of the commission in the past. We are very thankful to get the frontage roads for 290 last presentation, and we hope to build on that and move forward. Representative Kitchen is also here in support of the project, and you'll be hearing from her shortly.

But let me say that these highway improvements are absolutely critical for improving safety, in fixing the mobility issues, and reducing congestion. The CAMPO policy advisory committee has committed $32.1 million from STP(4)(c) funds to help the commission to build these projects. As the graph shows that we have up there, this is over 80 percent of our total STP(4)(c) funds for the year 2003, 2004, and 2005.

This is truly an unprecedented amount of contribution from our region, and I think is indicative of just how committed we are to these projects.

In addition to these funds to show our strong support for these projects Travis County has also committed $2 million towards a US 290 project, and that was recently approved by the voters and clearly you can see by the voter support that was another example of how committed our community is to this project.

All three of these projects are important to our region and economy, but the project that received the highest priority again by CAMPO is the Highway 290 project. Clearly this project's time has come and maybe even be a little bit past, but certainly I think now is the time to fully fund this project and move forward with getting it all done.

This project would extend the existing western terminus of the US 290 freeway from Williamson Creek to west of 1826, as you can see on the map there. With your help we've made this major east-west thoroughfare a freeway from IH-35 to just west of Williamson Creek, and that's just short of Motorola.

I know Commissioner Nichols has driven that portion of roadway during rush hour, and as he knows and as we have expressed before, what you really have is this beautiful super-freeway situation where it literally slams down to one lane. It is just causing major congestion in the area, and I think we have a great opportunity, so really what we need to do is continue this project beyond the Y in Oak Hill so we can better link the eastern and western parts of Travis and Hays County for access to jobs and schools, to improve safety, and to reduce congestion.

The strong community support for CAMPO's number one priority ranking for Highway 290 West illustrates why we believe the time has come to fully fund this project.

I'd also like to thank all the residents and businesses of Oak Hill and the surrounding communities for their patience and persistence. They have all been wholeheartedly committed to this project, even when it's meant personal sacrifice and disruption of their lives and businesses, so I'd like to thank them very much for all their commitment.

I'd like to thank you, Mr. Chairman and the commissioners, on behalf of the citizens of the state, and thank you for consideration of this very important project. And, Commissioner Laney, we know that this is your last meeting, and it's an honor to be here with you at your last meeting, and I know just how much hard work you've done for the state of Texas and how committed you are to improving transportation opportunities for the state of Texas, and I'd like to present you with a helmet as well.

We should have probably given this to you earlier so you could wear it every once in a while when you needed it, but I know there are times I wish I had this on 290, so maybe I'll get one for myself too. Thank you.

MR. LANEY: Thanks, Todd.

(General applause.)

MR. POWERS: Well, for emphasis I'd just like to say one more time we do have a number of people from Hays County here today in support of this particular project as well who stood earlier.

And now our distinguished mayor and Austinite of the year as of this week, Mayor Kirk "Wheels" Watson.

(General applause.)

MAYOR WATSON: Thank you. Good morning, Mr. Chairman and commissioners. At the risk of taking too much time but I feel like I would be remiss if I didn't say a special thank you to you, Commissioner Laney. As a mayor who came in during your tenure here and as a mayor who wanted to address the transportation needs of my community, I always found you to be someone that was ready to help me and to help educate about different ways we might achieve those results, so I want to say a special thank you on this day.

MR. LANEY: I appreciate it.

MAYOR WATSON: The other thing I want to say is that we sincerely appreciate the funding that has occurred for different projects in this area over the past couple of years and last year as you've already been -- as people have said already. And you've all heard it before. In fact you heard it in the video, but I want to emphasize one of the points, and that is that the population of this area, while it's been growing extraordinarily rapidly in the past couple of years, it's expected to double -- the population is expected to double in the next 20 years, and you folks know how bad the congestion is in this area already because you're many times caught in the very same traffic that we're caught in.

So we have the conditions we have now. You have in addition to that the growing population over the next 20 years. We need to start paying attention to where we're going to be 20 years from now.

And one of the points I most would like to stress is the link between what is a very healthy state economy in the Austin-Round Rock-Central Texas' region's economy. This region is a vital part of the state of Texas' technology-driven economy, and it has to be supported with safe and efficient transportation infrastructure in order to sustain the healthy economy, not just here but in the state as a whole.

These highways are needed because they make good economic business sense. Let me give you some statistics. According to the Texas Workforce Commission from 1990 to 1999 Travis County employment has increased by almost 71 percent. Now, just by way of comparison and just to put it in perspective, Dallas and Harris County employment levels increased by 30 percent and 23 percent respectively in that same time period.

The pattern is even more pronounced for the suburban counties, Williamson and Hays, which as you know surround Travis County. The jobs in those communities have exploded by over 107 percent and 142 percent. And again, by way of comparison to Collin and Fort Bend counties, the increase was 102 percent and 87 percent respectively.

The Austin region's dynamic economy is directly linked to the state's economy, as I've said. Our growth contributes to the state's growth, and as our workforce is expanded significantly we're feeling the effects on our transportation system.

My job today is to tell you a few words about US 183. We're particularly interested in the grade separation of the two remaining stoplights on US 183. As you all know, in previous years there has been money put forth to take out some of those stoplights, but we're down to the remaining two stoplights on US 183. One is at Loyola Lane and the other is at Technicenter Drive.

What this would do is it would complete a nonstop route from Cedar Park to Austin-Bergstrom International Airport. It would also in my view provide some relief on Interstate 35. In my opinion this roadway improvement is essential for us to have any sort of effective multimodal transportation system.

We're cognizant of the funding at TxDOT and the shortage TxDOT has in terms of money, so I'm pleased to report that the City of Austin is contributing $13.7 million to help with the construction costs, and as you can see from the graphic, the addition of that to the overall amount of money that is being brought forward.

I would also like to point out that I'm very proud that the citizens of the City of Austin back in November passed $150 million bond election to help us, 90 million of which is set aside for help on different projects in terms of right of way and matching funds. We also recognize that for the foreseeable future this local financial participation is going to be extremely important, and it's become a way of life, and so the City of Austin I think stands ready to be a part of all these projects.

Again, thank you for all you do for the state of Texas. Thank you all for all that you have done for the capital area, and I have another helmet that I want to give out, and I'm going to give this to Chairman Johnson, and you may wonder why we have so many helmets. Here in the City of Austin when the legislature is in session we buy them in bulk, so --

(General applause.)

MR. POWERS: Thank you, Mayor.

We've been joined in the last few minutes by Travis County Commissioner Ron Davis. I know he strongly supports this project as well and would like to say just a word.

COMMISSIONER DAVIS: Good morning. How are you doing this morning?

Listen, commissioners. We really do need some relief. I live in this area. This particular area is in my precinct, and on Loyola Lane in the morning and the evening folks coming out of those neighborhoods are just at a standstill because they have to compete with the traffic that's already on 183 South going toward the airport.

Technicenter Drive is the same scenario. You have Motorola sitting there. You have other companies, Fed-Ex, in other areas that are there. In fact, we have a new subdivision coming in right off Technicenter Drive, which people are going to need access. They're going to be competing at those traffic lights with the way the traffic is now flowing down 183 South toward the airport, so I'm really encouraging you to please go forth, fund us. We need the funding. We are doing everything we possibly can to ensure that people are made safe.

And again, thank you very much, and let's relieve some of this congestion on 183 South. Thank you very much. Have a good day.

MR. POWERS: Thank you, Commissioner.

It's now my pleasure to present the mayor of Round Rock, Mayor Robert Stluka. He has no nickname he tells me.

MAYOR STLUKA: Not that I'm willing to share with anyone here.

Chairman Johnson, commissioners, Mr. Heald, thank you very much to give us this opportunity to make this presentation.

And I must also take this opportunity, Commissioner Laney, to say thank you to you, thank you to what you've given the state of Texas and what you have given transportation in the state of Texas. I certainly want to thank you for your guidance and perseverance. I think it was three sessions ago that Pete Winstead and I and you walked the halls of the capitol when we were putting the Texas Turnpike Authority together, legislation that granted that, and I learned a lot at that time and I appreciate all your perseverance as well during that time.

Last year we appeared before you with a request to fund the Greenlawn interchange, and it's an integral part to our overall regional transportation plan, and as the graphic above you shows, it is an integral part to connecting a loop around the major intersection of 1325 and 35, not only to serve the Dell needs of transportation, but that whole area has now become a major development for us in South Round Rock and the southern end of Williamson County.

Today I am pleased to report that Round Rock has completed its construction of Greenlawn Boulevard and TxDOT has also completed the ramp onto Greenlawn Boulevard, and daily we are seeing an increasing number of vehicles using the street and reducing the usage of the highly congested intersection of 1325 and I-35.

As I am sure you know, we are in negotiations with TxDOT to determine the final construction of that particular bridge at that intersection, and we too have pledged -- and as we have pledged before, we stand ready to fund up to $5 million for that particular interchange.

We're here today truly as a part of a regional effort because it is important to us in Round Rock, just as it is in the City of Austin, Williamson County, and Travis County to seeing these projects completed to be able to move our people around more efficiently, more effectively, and most important, more safely.

So thank you again for your consideration of this presentation today, in particular in my case the Greenlawn interchange, and we certainly look forward to a groundbreaking very soon.

And last but not least, Mr. Heald, we have a helmet for you as well. It's my understanding that Dell issues these pretty much as standard equipment for all their employees that have to drive through that intersection.

(General applause.)

MR. POWERS: Mr. Chairman, commissioners, it's my pleasure since she ran on the campaign slogan of putting a Kitchen in the House to introduce to you our state representative, Ann Kitchen, to say a few words.

(General applause.)

REPRESENTATIVE KITCHEN: Thank you. I want to reiterate what Commissioner Todd Baxter has said to you already about 290 West because it is so important to us as the first item in our ranking, and also to my constituents in Oak Hill.

So as you know, US 290 West has been a long-term project for the past 20 years, and as you can see by the turnout and determination of our audience, has the strong support of people throughout Oak Hill and the counties that feed into that area.

You know that -- I want to reiterate that this project would benefit people not only in Travis County but also Hays County to the southwest and Blanco and Burnet counties to the west. US 290 and SH 71 are used by people from all four counties to commute to Austin for work and shopping and recreation.

So I know you are aware of this but I just want to reiterate that as the roadway currently exists we have traffic on a multilane freeway that funnels down and slams to a halt, dead-ending into a single lane. Not only does this create severe traffic congestion -- it backs up for a mile and a half -- but also presents a very dangerous situation as people come up over that hill and slam to a halt.

Construction of freeway main lanes, frontage roads, and an interchange with SH 71 would increase the capacity, help alleviate traffic congestion, and provide safer transportation. Most of the right of way in this freeway section has already been purchased, and with our region contributing a considerable portion of the cost, now is the time to complete 290, and I thank you for your consideration.

(General applause.)

MR. JOHNSON: Thank you.

MR. POWERS: Thank you, Ann.

Do we have any other elected public officials that -- Karen Sonleitner, one of the Travis County commissioners, is with us.

Did you want to say anything, Karen?

COMMISSIONER SONLEITNER: We appreciate your support.

MR. POWERS: Thank you for being here with us.

I would also like to recognize, Mr. Chairman and commissioners, Tiffiny Britton is here from Senator Ogden's staff, as well as Joe Morris from Senator Wentworth's staff. We appreciate their involvement and participation today.

Well, thanks for the time. We're out of time, but thanks for giving us this time.

David, thanks for the memories in the past. We look forward to working with you in the future, and Ric, we very much want to work with you in the future and look forward to telling you the stories in a meaningful way. You've got a good guy seated right to your left. Just listen and do whatever he tells you to do.

In wrap-up -- and I know we are out of time, Chairman Johnson -- we did want to put one graphic up before you just to demonstrate how far we've really come, and that as you will see reflects the fact that we've gotten $32.1 million from CAMPO, $2 million from Travis County, $13.7 million from the City of Austin, and $3 million from the City of Round Rock.

We applaud all these local jurisdictions for their attempts to raise almost $52.8 million for these projects. We've just about made 50 percent. We're at 49.99 percent, so it looks like we're a little bit shy. Is it $29 that we're shy. We'll have this extra $29 so we can make sure that we get to 50 percent. Here it is. $29.

(General applause.)

MR. POWERS: Well, you guys were good guys to be in a foxhole with. We want to win this war and we want to work with you, so thanks for having us today, and if you've got any questions of any of our delegation, we'd be glad to receive them.

Thank you very much.

MR. JOHNSON: Any questions, Robert or David?

MR. LANEY: My comment is looking at that last graphic you put up from where you were five years ago, you really have come a long way. My compliments to all of you for the combined efforts of this part of the state, which is a terrific regional effort. My hat's off to you.

MR. POWERS: Thanks.

MR. LANEY: But a note to Johnny, be sure and count what's in that --

(General laughter.)

MR. POWERS: Don't worry. We counted it before we put it in there. Thank you very much. We look forward to being back.

MR. JOHNSON: I think Robert --

MR. NICHOLS: Well, I really had some comments more than questions.

MR. POWERS: Okay.

MR. NICHOLS: We went over it pretty thoroughly yesterday in our meeting, and I appreciate that. When we met yesterday I tried every way in the world to get a glimpse of the video. They wouldn't give it to me.

But for those of you from the area who may not know some of the things that were asked of your elected officials, we had asked over the years that the community figure out a way to step forward with a vesting into some of these projects to show a strong support. Honestly, we don't have enough money to build a lot of these projects, and you have done that. You have stepped very -- a big step forward in putting up the money including the last $29, but it is a huge step for the area, and I know it's taken a lot of work to do that.

We also ask you to, as a region, try to establish priorities. There are so many projects that need to be built in this area that trying to figure out which ones are the most important is a very difficult thing for your communities to sit down and do that, and if you can't sit down and do it yourself you can imagine the problem we would have. And they have done that, so we asked you to do that, you did that.

We also asked you to try to, as you did this process, to end up with a communitywide support of the action you have taken, and you have done that. So you have done absolutely everything that we have asked you to do. My hat's off to you. My compliment to your leadership and to the community. I wish I'd had this helmet two days ago at the legislature, but I appreciate it now.

Thank you.

(General applause.)

MR. JOHNSON: My observations are much along that same line. I think that you're a prime example of what can be done by working together. So often we see areas that have not organized and do not work together, and they have much more difficulty in getting things done, and my -- I salute you. I would take off this hat, but it's too heavy.

It's a prime example of what can be done, and you ought to be congratulated.

Secondly, as Robert mentioned, you brought considerable leverage to these projects, and it's almost to the point that it's a deal that we can't refuse. Hopefully we can't -- better go back and tell them I tried.

(General applause.)

MR. LANEY: He said almost to the point.

MR. JOHNSON: We do have some controlling factors, obviously, and those are our budgetary numbers, but I think you have done, as Robert has said, as much as possibly could be asked of you, and hopefully we can do our part also.

Thirdly, I'm a little bit saddened to think that if you get all of this, the next video might not be able to compare with entertainment value of this one, but as Robert also said I know there are many projects that remain undone and unfunded, and so I'm confident we'll see and hear from you more, but I do want to congratulate you on the presentation.

Before we take a brief recess I've been advised there's several members of the House of Representatives here who would like to come forward and be heard. They have very tight and busy schedules, and we're grateful that they are here. And I'm going to start, ladies first, with Representative Beverly Woolley. Then Gary Elkins and William Callegari are all going to speak on Interstate 10, and then Jim McReynolds on I-69.

So Representative Woolley?

REPRESENTATIVE WOOLLEY: Good morning, Chairman Johnson, my friend and constituent; Commissioner Nichols, my campaign buddy from California when we were working for our good governor; and Commissioner Laney.

I too want to thank you for your service. Texas is really fortunate to have the caliber of people like you three men here willing to serve the state, and we are all deeply grateful for your service.

And to my former colleague in the House, welcome, congratulations, I look forward to working with you.

I am here on behalf of the West Houston Association and their plea to move the project for I-10 up to priority 1 status. I have to drive this personally, and I drew the black bean this session. I have an eight o'clock Monday morning committee meeting, so I left home at about ten minutes after 5:00 a.m. last week, and I was shocked at the number -- at the amount of traffic at that point of the morning both ways. It's amazing.

I know that it is crowded and it's a parking lot 11 hours a day. It's 340 percent over capacity, and we need help desperately. I know it's a big project. We would like to see it start by 2003 and be completed by 2009, if I've got the dates correct.

Whatever we can do to help on that, I'm willing to try. I wish we could borrow Travis County's video and show it again. It was wonderful. I think -- we don't have the video but we've got the same problems, and they are extremely acute. So we plead with you, we ask for your help, and let us know what we can do, but I do hope you take this into every consideration.

Thank you.

MR. JOHNSON: Thank you, Representative.

Representative Elkins.

REPRESENTATIVE ELKINS: Thank you. Thank you, Chairman Johnson and commissioners.

I'm going to say ditto to what Beverly said, but just add a couple of points. One is, as you are all aware, we have a tremendous air quality issue in Houston, and part of the air quality issue is that the cars are all parked on I-10, and so we need help desperately, and we are going to urge you to make I-10 a priority 1 this session, and we don't want to wait until 2003 to start. We want to start next week if possible.

We were all amused at the movie presentation, and during the movie presentation I saw Winston Churchill give his speech about victory at all costs, which reminded me about a famous speech that he gave at a college graduation, which went simply like this. And if I remember right no graduate that year forgot the speech.

It was simply, Never give up, never give up, never, never, never give up. And Chairman and commissioners, from the West Houston delegation of Harris County we are never, never, never going to give up until I-10 is a priority 1 and completed.

Thank you very much.

MR. JOHNSON: Thank you.

Representative Callegari, welcome.

REPRESENTATIVE CALLEGARI: Thank you very much. I appreciate the opportunity to talk to you this morning.

My district is 130 and it consists of the area basically from the -- it includes I-10 from Eldridge to the Fort Bend County line at Katy. Quite often the question that's asked me more often than anything else is what can you do to fix I-10? Every time I meet a constituent it seems like somebody wants to know about that.

I-10 as you know is a mess. It's a real problem. I live in Katy and every time I go downtown or to the Galleria or anywhere east of Katy it takes considerably longer than it used to.

I can remember a few years ago when I could get anywhere close to downtown in 45 minutes. Now it takes a minimum of an hour and a half and sometimes two hours if I'm in peak traffic time. And I-10 is a problem not only during the week but on the weekends as well.

The biggest problem that I see with I-10, other than the obvious advantages that we would have if we -- as we get it fixed of reducing air pollution and moving the traffic is we -- as I travel around the country and around the state I hear a lot of Houston bashing, and while that's bad for Houston it's bad for the entire state, because as people look at relocating businesses or look at moving offices into the Houston area if they keep hearing how bad the traffic is -- and they don't distinguish between Houston and Dallas and Austin or anything else. They just hear that traffic in Texas is bad -- it translates to a situation I think hurts our economic development.

I urge you very strongly to put I-10 into priority 1, let us get the funding, let us move on. It's going to be tough as construction's going on. The longer we wait the harder it is. If we don't start moving dirt and making things happen we're going to have a problem that's going to be almost insurmountable. We need your help. Please help us.

Thank you.

MR. JOHNSON: Thank you, Representative.

Representative McReynolds, the professor from East Texas. Welcome.

REPRESENTATIVE McREYNOLDS: It's so nice to be in front of you today, and in a little while you'll be having a hearing on the I-69 corridor, and I thank you for accommodating my time and it's a joy to be with you.

I know that building 1,100 miles of an interstate corridor traversing 36 counties is no little project. By the same token I know that you guys have been bold in this building named after Billy Greer, and you know what a challenge is, and I thank you for standing up to that challenge.

I'd like to thank you for the jump-start that you've given to the program already by directing monies to commence our environmental impact studies and our routing studies along this corridor. I'm particularly pleased and possessive of the fact that my region housed over in Angelina County has really gotten out ahead on this project, and I'd also like to say thank you very much for being sensitive to assist with the mobility in the existing corridor.

I had my staff pull up yesterday through this new project management database just to see what you're doing in that corridor already, and it's awesome. And I read somewhere that there's already in terms of normal planning 122 projects that we have scheduled in this I-69 corridor.

I want to thank you and I want to thank our friends with the Alliance for I-69 Texas in keeping us in Texas in tandem with Washington. They're going to go next week I believe or week after next, and we're going to try our best to see U.S. drive dollars into this project as well.

Well again, thank you for this project that maybe we'll see in our lifetime and certainly will be wonderful for our children and children yet unborn. Thank you so much for letting me testify.

MR. JOHNSON: Thank you, Representative.

We will take a short recess to let those who would like to get back to commerce and industry to do so, and any others who want to enter may do so. The operative word is short, so we stand in recess.

(Whereupon, a short recess was taken.)

MR. JOHNSON: Our second delegation this morning comes to us from the Houston area. I believe Roger Hord with the West Houston Association, will begin the presentation.

HARRIS COUNTY DELEGATION

(Rep. Gary Elkins, Rep. William A. Callegari, Roger Hord, Lynn Grafing, Senator Jon Lindsay, Wallace Henley)

MR. JOHNSON: Roger, welcome.

MR. HORD: Thank you, Mr. Chairman, Commissioner and members of the commission.

Mr. Heald, thank you very much for receiving our delegation. We have a very -- what we hope to be quick and short and punchy enough presentation that we'll get in and out real quick.

I want to introduce two people who are going to be making our main presentation, then we'll have some representatives of -- a representative from John Culberson's office and Talmadge Heflin's office.

MR. JOHNSON: Roger, could I interrupt you?

MR. HORD: Yes.

MR. JOHNSON: I have made an egregious error. There are two representatives that have compressed schedules and need to --

MR. HORD: Absolutely.

MR. JOHNSON:  -- speak. Representative Hawley and Representative Morrison, if I haven't run you off by not recognizing you, would you please come forward? And I apologize. I know your time is critical and you need to return to the other side of the street, and so welcome whoever wants to go first.

Representative Hawley?

REPRESENTATIVE HAWLEY: For the record, I'm Judy Hawley. Thank you. If you hold us here a long time we won't go do damage over there, so it may be in your best interest.

MR. JOHNSON: We'll remember that.

REPRESENTATIVE HAWLEY: There you go.

I would just like to speak on the I-69 project and just add my voice of total support for that. I just attended a Mexican-American caucus meeting before coming over here, and one of the things they were talking about was sort of a Marshall Plan for the border, and a very integral part of that is having these international gateways, and I lend my full support to that.

As you know, the projected I-69 corridor goes through eleven senatorial districts, 48 House districts. You're going to have widespread support from obviously the Texas delegation. Thirty-four counties, huge economic impact, and I just urge you to do -- implore you to do whatever you can to help us draw down those federal funds to make it a reality, and to know that you have a group here working, which has been in place for some seven years, working to make this dream a reality.

So just adding my support to that. A tremendous expense for the state of Texas but as we lobby for those federal funds, those billions of dollars we'll need to make that happen, know that we're with you. We'll work with you. We will do whatever we have to from the Texas legislative standpoint to help draw down those funds and to expedite this project.

So thank you very much for letting us appear before you today, and I'll turn this over to my wonderful colleague, Geanie Morrison.

MR. JOHNSON: Thank you.

REPRESENTATIVE MORRISON: Good morning. Good to see you this morning.

As Judy said, I-69 will be very vital to continued economic development of not only my district, District 30, but South Texas as a whole. The infrastructure in our area has developed in a manner that can both stimulate and maintain a growing economy in our area. Due to the accessibility of four of the five major metropolitan areas, my district, District 30, which includes Victoria, DeWitt, Goliad, and Lavaca counties has the distinct honor already of being called the crossroads of Texas.

In addition, our close proximity to the ports and to the plants make District 30 and this area a very unique environment capable of accommodating a wide variety of business and industry. And of course I'm here in support of I-69 and as you know, my county judge, Helen Walker, is helping to lead the charge, and I certainly support her and all that she's doing and encourage you -- as Judy said we are here to help make this a reality, and anything that we can do within the legislative process, we're here to offer our support and our help to make that a reality.

Thank you so much for having us.

MR. JOHNSON: Thank you, Representative.

Roger, before you were so rudely interrupted by the chair -- please continue, and I apologize.

MR. HORD: No problem at all.

What I was going to say is this presentation we're going to make updates on one we gave to the commission in April 1999. I want to first introduce Rose Hernandez, who's representing County Judge Robert Eckels, and then following Rose will be Lynn Grafing, the chairman of the West Houston Association.

MS. HERNANDEZ: Good morning, commissioners. I'm deeply honored to be here before you representing -- actually in two capacities. I'm here on behalf of Judge Eckels representing the alliance of I-69 and the I-10 group as well.

First of all, I'd like to if I may read this letter on behalf of Judge Eckels concerning the Katy Freeway.

"Commissioners, thank you for the opportunity to reaffirm the Houston-Galveston region's support of the efforts to expedite reconstruction and improvements of Interstate 10 West, the Katy Freeway. I offer the following remarks as chairman of the Transportation Policy Council, the metropolitan planning organization for the eight-county Houston-Galveston region and as county judge for its largest county, Harris County.

"Interstate 10 West, known as the Katy Freeway, accommodates more vehicles per lane per day than any comparable facility in the state. Moreover, its pavement and structures have long exceeded normal designed life. Routine maintenance alone cannot adequately ensure serviceable pavements. The deployment of transportation management measures such as HOV lanes have improved corridor mobility but reduced lane width and all but eliminated inside and outside shoulders.

"Increasing development pressures to the west of Houston and the continued rapid growth of goods movement in this international trade corridor produce the region's most extended periods of bidirectional traffic congestion. Intensive traffic use and reduced design standards coupled with inadequate corridor drainage leave the facilities susceptible to major traffic bottlenecks as a consequence of minor incidents or inclement weather.

"Therefore, the reconstruction and improvement of this corridor is of highest regional and state priority.

"In 1999 the Transportation Policy Council took the unprecedented step of pledging $256 million in federal funding and surface transportation funds and congestion mitigation air quality funds to reconstruction and improvement of the Katy Freeway. I urge the commission to complete its commitment to implementation of these improvements as soon as possible.

"Thank you for your continued partnership in improving mobility, safety, and environmental quality in the Houston-Galveston region. Sincerely, Robert Eckels, chairman of the Transportation Policy Council."

And in the judge's behalf we just want to continue your support and thank Chairman Laney for all he's done in the past. Thank you, gentlemen.

MR. GRAFING: Thank you, Commissioner Johnson, and fellow commissioners for the opportunity to be here this morning.

My name is Lynn Grafing and I'm the board chair for the West Houston Association. We're a business group who, among other things, promotes infrastructure improvements in the West Houston area, and in the 21 years of our organization's existence we think this may be the most important issue that we've addressed, and that is the reconstruction of the Katy Freeway.

Roger mentioned also that we specifically would like to ask this morning for priority 1 status on this project, and I'll get into that a little bit more in a moment.

The Katy Freeway has a reputation around Houston as being one of the most dangerous and congested freeways in Texas, and today we want to focus on three major areas. One, the need for quick action, the current status of the project, and our delegation's request to you, which I alluded to just previously.

The need for reconstruction is obvious to most of the folks who drive the Katy Freeway daily, truck drivers, commuters, and others. They're concerned that the construction has been delayed and that the construction period is longer than it should be. We want to focus on about 21 miles of the Katy Freeway, from Loop 610 out to the Fort Bend County line.

This is extremely congested. As you can see, vehicles per day are about 260 percent above capacity on that section, and on an individual lane about 340 percent over capacity -- beyond congestion capacity. Much of the time this section operates at level of service E or worse in terms of congestion. Congestion occurs eleven hours per day over the entire length of this section in both directions during the weekday and on weekends, and the cost of this delay due to congestion has been calculated at about 100 million.

The Katy Freeway also operates at the margins of safety because of high traffic volumes and the inability of the design to accommodate that volume.

It's also a major interstate for commerce. Movement of goods is limited by the severe local congestion in the West Houston area.

Let me talk about the current status for just a moment. The people who work and do business in Houston are concerned about the delay in the start of the project and the length in the construction schedule, and their concern is that there is going to be impact on economic development and quality of life in West Houston.

We have very strong local commitment, as you can see, to this project. To date about $317 million have been pledged. That's about 26 percent of the funding for the project. When you add the other sources that have been committed, we have about 42 percent of the funding we believe committed for this project.

But we are asking for action by the commission now to designate this as a priority project. We're concerned about the delays, the high cost, the limited cash flow that's available for projects like this, and competition from other projects in addition to TxDOT's piecemeal development of these large projects can all contribute to those delays.

The local TxDOT office has identified an aggressive schedule for completion of this project, which we endorse and many other business groups in Houston. It calls for an initial letting of two major portions of the project in 2003, primarily based on that local funding that I mentioned, and bidding the remaining sections by 2006. By doing so the project could be completed before the 2010 estimate.

We also are concerned that using the traditional methods for development of this project construction could likely extend to 12 to 15 years based on experience with similar projects in the Houston area. Just a four-year delay in this project could result in additional costs of up to $65 million. Travel time cost to the public could amount to 85 million, cost of acquiring right of way could increase about 6 percent per year.

In summary, the local community recognizes this is an important project and have committed an unprecedented level of support. We're concerned that delayed construction and a protracted construction schedule would impact the economic development, and we would like to respectfully request, as was done by Mayor Lee Brown and County Judge Robert Eckels in 1999 that the commission move this entire project to priority 1 status.

We'd also like to respectfully request that you urge TxDOT to commit to the aggressive schedule mentioned earlier, and in return you can count on us to continue to work at all levels to look for innovative approaches to dealing with the funding gap that we still have in place and working cooperatively to complete this project.

Thank you very much for the opportunity. We want to recognize the hard work that you do, the difficult priorities that you have to manage, and the limited funds to get these projects done, but we assure you we're going to do our part.

Thank you.

MR. HORD: We have been joined by Senator Lindsay, whose district is bisected by this project.

Senator.

MR. JOHNSON: Senator, welcome.

SENATOR LINDSAY: Thank you, and thank you, Roger.

And, David, is this going to be the last time we see you at this table?

MR. LANEY: Yes.

SENATOR LINDSAY: Well, thank you for serving the time that you did. It's been great.

MR. LANEY: Thank you for all the support. Appreciate it.

SENATOR LINDSAY: And it's all been said, and I'm not going to say it over again, but needless to say we in the community believe this is the most important project we have in our neighborhood, and I think you believe that as well, having talked to you all about it from time to time.

I wanted to reassure you that you have my support, and you will continue having my support in trying to get adequate funds to do what needs to be done. I'm even going to introduce some controversial things that says you guys get more money at the expense of additional taxes, which is not popular among some of my colleagues, but it needs to be put on the table and discussed, and I'm willing to do that. Might call for a referendum to prove that there is community support out there for your efforts to build more and better roads in the state of Texas.

And there's a lot of projects I know that need to be done. I hear about them all the time. We've got more than one in my district and my area. Certainly I am most interested in this project, but I'm also interested in the Grand Parkway, would like to see Interstate -- I-69 get to the point where we know where it's going through our area, because I think it will be a great benefit.

And I understand all the problems associated with it, but I want you to know that I do support it, and I support these people as well. I want them to know that I'm here. I'm out of breath getting over here. I've got to run back. But thanks again for your time, and thanks again for your service.

MR. LANEY: Senator, I appreciate the support. Thank you very much.

MR. JOHNSON: Thank you, Senator.

MR. HORD: I have several letters from the legislators that I will leave. I won't bother to read them now, but one's from Representative Charlie Howard and the other one's from Senator Buster Brown.

Mr. Henley, would you like to come to the podium? This is -- Wallace Henley represents John Culberson.

MR. HENLEY: Thank you, Mr. Hord, and Chairman Johnson, commissioners, thank you for the opportunity to speak today on behalf of United States Representative John Culberson, for whom I have the privilege of serving as district director.

I express very much his appreciation for the thought and consideration that you've already given to this project, and for the opportunity you extend us to interact on this very crucial issue. We're cognizant -- the congressman is cognizant of the partnership that will be required to accomplish this huge project and your very important role in it, and I have today a letter from the congressman that with your permission I would like to read and then distribute a copy to each member of the commission.

"Dear commissioners: On behalf of the 700,000-plus citizens in Congressional District 7, I want to request once again that the commissioners take whatever action is necessary to accelerate the reconstruction of Interstate 10, the Katy Freeway, in Harris County.

"Progress on the freeway appears to have fallen behind schedule. Deadlines have been missed, and it is very difficult to get precise information on progress and impossible to get a timetable on which taxpayers can rely on the agencies to keep. I know you and all the commissioners share my concern for improving mobility for our citizens.

"Traffic congestion is intolerable on the Katy Freeway. The constant freeway gridlock causes immeasurable damage to Houston's economic vitality, subtracts an untold number of irreplaceable hours from family and work time of west Houston residents, and threatens the health and safety of citizens who need to reach a hospital but cannot because of a traffic jam.

"On November 10, 2000, when Chairman Johnny Johnson and I met to discuss this project, I was heartened by his understanding of the situation and his concurring belief that the Katy Freeway expansion should have a Texas Transportation Commission top priority status.

"Since that meeting I have been working nonstop at the federal level to acquire new additional federal funding for the Katy Freeway expansion. I have met with Senator Phil Gramm, Congressman Tom DeLay, and House Transportation Committee Chairman Don Young as well as numerous members of those committees and the Appropriations Committee. All have pledged their support for the project and offered their assistance in securing funds.

"However, each time I explain the critical need for funds the first question I am asked is, Does the Texas Transportation Commission consider this project a priority? I cannot answer that question properly because I have no tangible proof that I-10 is a top priority of the commission.

"I therefore urge the commission to move the entire Katy Freeway expansion project to a priority 1 status, issue a news release to that effect, and take whatever other action is necessary to accelerate its completion. Every day that I represent District 7 in Congress, I will take action in some form to accelerate the completion of I-10. I will not rest until I have done everything in my power to open this nightmarish freeway as fast as humanly possible.

"This project is my highest legislative priority, and I look forward to working with you to help remove every impediment to its rapid completion. Sincerely yours, John Culberson."

Thank you, Mr. Chairman. Thank you, commissioners.

MR. JOHNSON: Thank you.

MR. HORD: Next we have a representative from Representative Talmadge Heflin's office.

MR. WELCH: Thank you, Mr. Chairman, members, Commissioner Heald. For the record I'm Matt Welch and I'm with Representative Talmadge Heflin's office.

Mr. Heflin is not submitting any written comments today because he's been too busy with you all week, but we just wanted to state for the record our interest in this project, and also the I-69 alliance. He is supportive of that.

This -- the Katy Freeway expansion is one we feel is a critical need at this time, and there's probably nothing I can tell you that you don't already know or haven't heard, but just know of our support.

Thank you very much for the opportunity to address you this morning.

MR. JOHNSON: Thank you.

MR. HORD: By my watch we're giving you back five minutes. Thank you for your attention. This is a critical project for us.

MR. JOHNSON: That's obviously an impressive group of presenters, and I think I speak for the commission that obviously I-10, as I deal with it every day sometimes more than once, is known to all of us in terms of its importance not only to the Houston community but also the entire state as a trade route and as a major corridor, and problems are well known, and I think you can rest assured that it's going to get our highest attention.

MR. HORD: Thank you.

MR. JOHNSON: Any other observations? David.

MR. LANEY: Johnny may be a little reluctant to say it, being from Houston. I'm from the North Texas area, Roger, as you know, and we have a number of very important projects, but nothing in the state is as important from a project standpoint in my judgment as the Katy Freeway and I-10 West. Nothing is.

We have economic -- financial constraints, as you know, and we have overhanging this entire thing as you know also the air quality nonattainment issue that could take the fate of this project totally out of our hands and out of our control. We also have legislation that Johnny and Robert are trying their best to shepherd through effectively that would enhance our ability to finance projects like this with bonds.

I don't know the fate of that. So we've got a number of moving parts, some of which work directly against us, and some of which could work very effectively in favor of our effectively moving this thing forward on a much more accelerated basis than usual.

But if there is any doubt about the commission's perspective on this project I think hearing the three of us today should dispel any concerns that this is at least among if not the most important projects in the state to move forward, but it's got enormous challenges in front of it, and we need help.

MR. NICHOLS: Just to make sure you did hear all three of us, I'm going to reaffirm basically what they both said. It is one of the highest priority projects in the state from our vantage point, and we're going to do absolutely everything we can to see that it does become a reality at some point.

MR. HORD: We appreciate it very much, and on behalf of the West Houston Association and others in the Houston area we commit to doing whatever we can to make this a project that you really can't say no to, so -- and we want to thank you for your help in the past.

And, David, good luck. Thank you.

MR. LANEY: Thank you, Roger. I appreciate the support.

MR. JOHNSON: As all of our presenting delegations are well aware, we do not make decisions on the spot relative to the requests that the delegations make, but they in each case present a very good picture of what's going on in communities across the state, and they go a long way to clarifying in our minds just how important meeting those challenges are.

We're going to take a very slight, short recess so the West Houston people can vacate, and we'll stand in recess for just a brief period of time.

(Whereupon, a short recess was taken.)

MR. JOHNSON: Before we get to our third delegation I would like to mention the backbone of TxDOT is contained in its 25 district engineers, and I see, I believe, at least two of them here have come great distances to be with I presume their delegations: Billy Parks from Corpus Christi and Gary Trietsch from our Houston district are here, and I cannot tell you how good a job these gentlemen do.

I believe John Kelly from San Antonio is here, and on behalf of the commission, congratulations and thanks for all the work you do for your district, but it all adds up to great work for this state.

Our third delegation is the Alliance for I-69 Texas, and I would like to welcome Victoria County Judge Helen Walker.

VARIOUS COUNTIES DELEGATION

(Judge Helen Walker, Judge John Thompson, Mayor Louis Bronaugh)

JUDGE WALKER: Thank you, Chairman Johnson, and members of the commission. We're appreciative of the opportunity to be here today to discuss the status and path forward for the development of Texas' newest interstate, I-69.

I'm Helen Walker, the county judge of Victoria County. I'm here today as chairman of the Alliance for I-69 Texas. This is a coalition of public and private sector leaders from more than 34 counties from east, northeast to through South Texas.

The group was established in 1993 with the single goal of building I-69 to its completion. We have held this coalition together for more than seven years, which is perhaps an unusual feat for that many counties, multiple cities, many chambers of commerces, economic development corporations, as well as private sector members.

As Representative Hawley told you earlier this morning, the proposed route passes through eleven state senatorial districts and 48 House districts. We didn't ask them all to be here today. You have heard from several of them and we're appreciative of those efforts.

Many of the dedicated project proponents are here with me today to demonstrate their continued support for the project, and at this time I'd like to ask them to stand and be recognized.

(Pause.)

JUDGE WALKER: As evidenced by this group here today we've built tremendous grass-roots support for the project, which will spur economic growth and facilitate both international and interregional trade. This support and local involvement will be critical as the alliance works with you and other state leaders to secure additional funding for I-69.

Our presentation today is designed to provide an update to you of the progress of I-69 and the alliance's plan to further advance the project at both state and federal levels. I'd like to take a few minutes to share with you the recent I-69 accomplishments.

The creation of the National Corridor of Planning and Development and the Coordinated Border Infrastructure Program in 1998 was a major milestone for the project. It established a dedicated federal funding source for corridors like I-69. We're pleased that through these federal programs and direct appropriations Texas has received more than $25 million in federal funding for projects along the corridor since 1999.

Furthermore, we appreciate that last year TxDOT authorized $19.2 million for the environmental studies of the route through Texas. The blending of state and federal funding has enabled the state to commence the environmental impact and routing study along the corridor in Texas. However, we clearly need to increase funding for the project in order to build it to completion.

Another major milestone achieved has been the selection of Parsons Brinckerhoff as the general engineering consultant, and eleven other engineering firms to conduct the environmental and routing studies on each of the 13 sections of independent utility in Texas. Now the detailed studies can commence on each segment of I-69 in Texas.

Finally, with the assistance of the firm of Shiner Moseley and Associates, Incorporated, the alliance has developed a project management database that enables us to track all projects along the corridor in Texas. We believe that this can be an invaluable tool not only for members of the alliance to track individual projects in their regions, but hopefully be of value to the consulting engineers conducting environmental and routing studies as well as to you and your staff.

I'd like to call on Judge John Thompson to preview the project plans and state initiatives.

JUDGE THOMPSON: Good morning, Mr. Chairman and commissioners. I am John Thompson, the county judge in Polk County, and I serve the alliance as a secretary-treasurer.

As Judge Walker mentioned, the alliance has developed a comprehensive corridor project database which is accessible through our alliance's website at www.I69texas.org. While we're aware that these projects may or may not fall on the ultimate alignment of I-69 they do represent activity under way to improve the mobility in the corridor, and we do realize that the environmental clearance process will determine the preferred alignment of I-69.

The database was developed based upon the UTP approved by the commission in September in the subsequent meetings with TxDOT officials in eight districts along the corridor. The database is map driven and provides project detail sheets on 122 projects in the I-69 corridor that are currently in the department's normal planning and development process. These projects span approximately 1,100 miles and cover some 36 counties in Texas.

Without a doubt, the size and therefore the cost of constructing I-69 presents a significant challenge. The results from the project database demonstrates TxDOT's commitment to improving the mobility on many of the existing routes in the corridor, and I'd like to take just a few moments to walk you through a sample of the database for which we are very pleased.

First, from the state map you go and select the district you're interested in. For example, we'll click on the Lufkin District and bring you to that map. From that you'll see the counties which lie within that district, and for today's demonstration we're going to pick Angelina County, where our previous chairman, Mayor Louis Bronaugh, and the City of Lufkin are from.

Each county map consists of a highway and projects along the I-69 corridor, and there are three different symbols used to indicate the level of authority, and the fourth being the ones that are under construction, and if you click on one of those projects in a county you see a project detail sheet.

As you can see, there's a tremendous amount of important information available about the project. For instance you see the estimated cost, the local cost, the status as far as the environment design and right of way acquisition. There's also a description of the action needed and a list of potential funding sources. This database will enable the alliance to work with you, TxDOT staff, and local officials to advance projects listed in the database.

More importantly, we will use this database to demonstrate to Congress the significant level of commitment by the state and local jurisdictions to improve the mobility in the corridor. The ultimate mobility project itself will be I-69 once we've completed the proper environmental process to locate the alignment and begin the development process. Demonstrating this support will be critical to the effort to secure additional federal funding for the entire project during the reauthorization of TEA 21 in 2003.

Now, to summarize the results of the project database, TxDOT has 122 projects in the corridor presently totaling $2.2 billion. While we recognize again that the results of the ongoing environmental and route studies will determine the specific location of I-69, we consider that the development of these 122 projects contributes to the mobility improvements in the corridor.

Now, Congress has designated I-69 in Texas as a combination of US 59 from Texarkana to Laredo, the stretch from Nacogdoches over towards Shreveport, plus US 77 and 281 to the Rio Grande Valley. As such, the alliance supports all work that TxDOT is doing along these routes to meet the demands placed on the corridor from trade as well as regional and interregional transport of people and goods.

While clear progress is being made on I-69 today, significant additional funding is necessary to expedite the completion. The alliance is addressing that issue at both the state and the federal level. The alliance is also actively supporting statewide legislative initiatives to increase overall state funding for transportation. We recognize that we must increase the size of the funding pot in order to increase the share to I-69 and other critical projects throughout the state.

The major state funding initiatives include reallocating road and highway user fees for road and highway improvements, continuing the process of reducing the diversion of funds from State Highway Fund Six, and permitting innovative financing, construction, and right of way acquisition methods.

The alliance is also committed to working with the GEC and the consulting engineers to facilitate the timely completion of the environmental and route studies. We hope the alliance can be a resource to you and your engineering consultants.

In addition, the alliance will continue to increase grass-roots support for the development of I-69, which will establish the critical trade links across North America, will spur economic development in Texas, and will facilitate intergovernmental traffic movement.

Yesterday members of the I-69 delegation that you see here today participated in I-69 Day at the capitol, and hopefully some of you were able to make the Taste of I-69 last night, which was a real treat. The day-long event was designed to show the alliance's support for increased transportation funding and to reiterate to our state officials the importance of completing I-69. We feel that Texas cannot afford to miss the opportunities that I-69 will generate.

The alliance, as we've talked about earlier, has recently launched a website to house the project management database and to disseminate information about I-69 to all interested parties. We believe that our website can be a powerful tool in the effort to build grass-roots support and to keep elected officials apprised of the project's status. We hope that you will have some time to visit our site again at www.I69texas.org.

At this time it is indeed my privilege and pleasure to introduce a friend and fellow alliance board member, The Honorable Mayor Louis Bronaugh of the City of Lufkin, and we like to refer to Mayor Bronaugh or Louis as the father of I-69 in Texas, and he's going to talk to you a little bit about our federal initiatives.

Mayor Bronaugh.

MAYOR BRONAUGH: Thank you, son.

(General laughter.)

MAYOR BRONAUGH: I meet the age requirements of that father thing.

Good morning, gentlemen. I want to say that the months ahead present a tremendous opportunity for I-69 as the new administration establishes its priorities related to transportation. We are fortunate to have a president who has his firsthand knowledge about the burden placed on the border states' infrastructure by international commerce.

We look forward to working with President Bush and officials of the US Department of Transportation. This year Congress and the administration will begin the groundwork for the reauthorization of TEA 21. We share the common goal with the commission to significantly increase funding for I-69 by increasing funds available through the corridors and borders program, limiting the corridors that can compete for these funds or perhaps establishing a new more narrowly defined program.

Successfully securing additional funding in the authorization of TEA 21 is critical for the future development of I-69 and would be a major focus of the alliance efforts in 2001. The alliance will seek opportunities to participate in sessions organized by DOT and Congress to formulate priorities for the reauthorization.

The alliance will continue to support appropriations for I-69 development if Congress opts to earmark funding for particular projects. Based on our efforts to date in Washington we know that working with regions of similar interest is critical to advancing initiatives in Washington. The alliance will continue to work cooperatively with the Midcontinent Coalition, the nation's I-69 alliance, to demonstrate the national support for I-69 and to develop a common agenda for reauthorization.

Please use the alliance as resources as you begin the public involvement portion of the environmental process. We welcome the opportunity to help disseminate information about the progress being made on the project. To this end the alliance would like to request the commission organize a corridor workgroup consisting of leaders along the I-35 and I-69, the state's most established trade corridors, to identify a common agenda to advance during the reauthorization of TEA 21.

The intent of this effort would be a core group to develop possible legislative and congressional issues to present to the other interested parties in the state and perhaps throughout the nation.

We appreciate the opportunity to be here today and we look forward to continue to work closely with members of the commission and the TxDOT staff. Thank you very much, and I'll return six minutes of the time. Thank you very much.

MR. JOHNSON: Thank you, Mr. Mayor.

JUDGE WALKER: Maybe only five. I'd like to add our appreciation for our ability to be before you today to thank former Chairman Laney for his service to the commission.

I visited with him briefly about one of the first times I was here was to talk about courthouse funding, and I told him that we -- Victoria County was able to do our courthouse with private funding and we will -- it has been completely restored for use as court space, and including my office, which will be in the new-old building in the same place that I started to work for Victoria County some 40 years ago.

But the Texas Transportation Commission over the years has done many, many things for the betterment of the state of Texas, and we appreciate the opportunity to work with you. We hope that you will use the Alliance for I-69 Texas as a resource in the future.

Thank you, and I'd like to thank all the people who are here with us today.

MR. JOHNSON: Thank you, Judge.

Any questions, comments, observations, Robert?

MR. NICHOLS: Comments. I'd like to thank all of you for coming to last's night gathering, because a lot of you have come a long way, and it's really interesting to see a coalition of such magnitude of geography in this state, which shows the significance the corridor will develop over the years.

I think you already know that the department is very supportive of the corridor and is putting energy into developing the environmental steps and so on to get those pieces locked down to exactly where they're going to be. And also we all know there is no interstate construction money from the federal government at this time, but we think there's a very good chance there can be, and with the efforts that you are putting together -- and I encourage your continued work -- to work not only in Texas but at the federal level to help Texas secure the funding for the interstate construction on -- it will be TEA 22 or whatever they're going to call it next time -- in roughly three years.

But my hat's off to you, and thanks for all that you're doing.

MR. JOHNSON: David.

MR. LANEY: I really have nothing to add other than this is a major challenge, but an enormous opportunity for Texas, and one way or the other I think you're going to find the support from the department and the commission. We just need to figure out how to move the thing forward, and the website will be an invaluable resource, and my compliments to you.

I think it's going to be a nice model for a lot of other corridor projects around the state, probably around the country. Thank you.

MR. JOHNSON: I also would like to thank you for the presentation and reiterate what my fellow commissioners have said. Together we can be successful on this project. There are significant challenges. Funding is the engine that drives the train, obviously, and we do need to be collaborative in that effort, and we do look forward to working with you.

This is an enormously important corridor for this entire state as a reliever to some of the congestion on I-35, a lot of the NAFTA trade traffic, but just within our state it's also -- has its significance too, so we do look forward to working with you and we thank you for being here today.

We will stand in recess for five minutes, and we will reconvene at that time. Thank you very much.

(Whereupon, a short recess was taken.)

MR. JOHNSON: A couple of housekeeping items before we move on. I would like to remind anyone in the audience who would like to address the commission to fill out a card in the registration table in the lobby. To comment on an agenda item we would like for you to fill out a yellow card, and then if it is not an agenda item please fill out a blue card and we'll take your comments at the end of the meeting.

Before we get to the rest of our agenda, I think we have a special presentation to make. There's a gentleman up here who has worked for the past 40 years for the Department of Transportation and its predecessor. Can you figure out who that is?

MR. HEALD: By looking.

MR. JOHNSON: Wes has worked tirelessly to make our transportation network in Texas one of the best, if not the best, in the country. For the past three years he has been doing that at the helm of this agency, and under his leadership we put an increased focus on our bridges and maintenance, core functions of our department and its mission.

I want to personally thank Wes for his assistance when I came on the commission -- and I'm sure I speak for the other commissioners whom I will offer time to express their things, but when I say that we believe that this agency could not be in better hands.

David, do you want to -- you've known Wes the longest.

MR. LANEY: But not for 40 years.

I have very little to add, Johnny, other than to say, Wes, I can't tell you how much I appreciate all you've done long before you reached the position you're currently in and since that time as well, and as far as I'm concerned if there's anybody in the department that personifies the best of the department, it's you.

MR. JOHNSON: Robert.

MR. NICHOLS: Wes, the state is a better place because of the work that you have done over the last 40 years, and I want to tell you it has been a real pleasure working with you for the last three years. It really has. So congratulations on your 40 years.

MR. HEALD: Thank you.

MR. JOHNSON: I think we have a presentation and maybe a photograph opportunity, a Kodak moment, but, Wes, I had a silver watch to give you --

(General applause.)

MR. JOHNSON: Wes, I think it's a great honor for each of us up here to have joined in saluting you. I work in a family enterprise, and we've had a few employees with long tenure, and I can't tell you how uplifting it is and how great as Robert said your service to this state and to this agency have been over the last 40 years, and we're better for it. Thank you so much.

MR. HEALD: Thank you. I appreciate it. I'm a little bit overwhelmed right now, but it's been a very rewarding career, and I've been very blessed in probably as much as anything the support of my family, but also the support of a good commission.

I don't know ever when I can ever remember that we've had such a good quality commission to work with, so I've been blessed, and I guess as far as the 40 years go it's just good to be alive.

(General laughter.)

MR. JOHNSON: Our first item of the agenda -- main part of the agenda is the approval of minutes from our regular commission meeting in January and also the emergency meetings before the House Transportation Committee on February 6 and February 13. Is there a motion to approve those minutes?

MR. NICHOLS: So moved.

MR. JOHNSON: Is there a second?

MR. LANEY: Second, but I think I have to abstain before the other two. I don't think I was part of the emergency meetings.

MR. JOHNSON: Well then, I'll second the motion. All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: That motion carries.

Now, Wes, if you've sufficiently recovered we'll turn over the rest of the agenda to you.

MR. HEALD: I think there's been a little deception going on, or I need to talk to Linda as soon as this meeting's over with.

Okay. Getting into the regular business portion of our meeting, the first item is aviation to approve funding for certain airport improvement projects, and Dave Fulton will present this.

MR. FULTON: Thanks, and congratulations, Wes.

Commissioners, my name for the record is David Fulton. I'm the director of the TxDOT Aviation Division. Item 3 is a minute order containing a request for funding approval for two planning and four airport construction projects.

Both planning projects and three of the four construction projects are programmed to be funded with federal and local funding. The remaining project, if approved, is programmed to be funded with state and local funding. Total estimated cost of all the projects on the Exhibit A is approximately $5.4 million, approximately 4.6 million federal, 200,000 state, and approximately 500,000 in local funding.

A public hearing was held on February 5, 2001. No comments were received. We would recommend approval of this minute order and would attempt to answer any questions you might have.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

David, thank you.

MR. FULTON: Thank you.

MR. HEALD: Under administrative rules we have three minute orders for your consideration, all under final adoption starting with 4a(1), finance, James Bass.

MR. BASS: Good morning. For the record I'm James Bass, director of TxDOT's Finance Division.

This agenda item proposes amendments to Sections 5.43 and 5.44 of the Texas Administrative Code, which deal with the payment of fees to TxDOT for goods and services. These amendments would exempt products sold through Texas highways to prevent any conflict with existing Section 23.27 that governs the sale of travel promotional materials.

In December you approved the proposed amendments for publication in the Texas Register, and no comments were received. Staff recommends your approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. HEALD: Thank you, James. 4a(2) under contract management, Robert Wilson.

MR. WILSON: Good morning. I'm Robert Wilson. I'm director of the Design Division.

The minute order I bring to you this morning is for final adoption of rules modifications to Title 43, Chapter 9, Section 9.31, 9.33, 9.38, and 9.41 to 9.43 pertaining to contracting for architectural, engineering, and surveying services.

These amendments were originally the result of a task force of TxDOT, Consulting Engineers Council, Texas Society for Professional Engineers, and DBE/HUB representatives that reviewed our process and made suggestions to streamline it as much as possible and arraign it in compliance with law and qualifications-based selection.

A goal was set of not causing any unnecessary paperwork at TxDOT or consultants, keeping the process open and fair to all qualified firms and providing a quality exchange of information in the process of selecting the best firm. It is believed that these amendments do that and are a continued move in that direction.

The proposed amendments were first brought to you at the December meeting and you approved publishing those for public comment. We received two comments. These are outlined for you in Exhibit B attached to that minute order along with the explanation of each amendment.

One comment was from the Consulting Engineers Council indicating support for the amendments and commending TxDOT for taking steps to streamline the process and improve consistency and flexibility. The other comment was from the City of Amarillo questioning why we were striking the references to using past performance in the selection process.

However, we are not striking that criteria but rather we are moving it from being used for every firm submitting a letter of interest to later in the process when evaluating the firms on the short list. This will reduce paperwork for firms and shorten review times significantly for TxDOT reviewers, but past performance will be a key factor in evaluating the firms on the short list to select the most qualified firm.

We believe that the best firm will get the contract, and we believe that these amendments are beneficial to everyone involved in the process. Staff therefore recommends your approval of this minute order adopting these amendments as final rules for implementation.

I'll be glad to answer any questions.

MR. JOHNSON: Any questions?

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

Thank you, Robert.

MR. HEALD: Item Number 4a(3), right of way, John Campbell.

MR. CAMPBELL: Good morning. I'm John Campbell, director of the Right of Way Division. I'd like to present for your consideration Item 4a(3), minute order for the final adoption of rule revisions to 43 Texas Administrative Code Chapter 21. The eight listed sections all pertain to the procedures and policy for accommodation of public utility facilities on the right of way, collectively referred to as the TxDOT utility accommodation policy.

The substance of these rule revisions are to make minor grammatical corrections and to reflect changes in department organizational structure and references to business titles no longer utilized by the department.

The Right of Way Division has reviewed the proposed rule revisions and recommends your approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

Thank you, John.

MR. HEALD: Agenda Item 4b under rule review, Richard Monroe.

MR. MONROE: Good morning, commissioners. In our ongoing program of rule review as dictated by the Texas Government Code, Chapter 17 of the Vehicle Title and Registration Rules were duly published. No comments were received. The division is of the opinion that the rules are still needed, and by this order you would readopt them.

I would recommend approval of the minute order.

MR. JOHNSON: Any questions?

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you.

MR. HEALD: Agenda Item Number 5 under traffic operations, and this is approving some additional environmental speed limits for the Dallas-Fort Worth area. Carlos Lopez.

MR. LOPEZ: Good morning, commissioners. My name is Carlos Lopez and I'm director of the Traffic Operations Division.

The minute order before you authorizes environmental speed limits on 28 miles of State Highway 34 in Ellis and Kaufman counties. This highway was not included in last month's minute order because of incomplete information on the limits of the speed zone. We're also including a correction to a mileage calculation on US 287 in Tarrant County.

We recommend approval of this minute order.

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. LANEY: Carlos, before you leave --

MR. LOPEZ: Yes.

MR. LANEY:  -- you need to get with my successor about speed limits, help him understand how they work.

MR. LOPEZ: Okay. We'll do that.

MR. HEALD: Okay. Under Item 6 we've got three minute orders for your consideration, and, Al, I believe we're going to defer 6d. Right?

MR. LUEDECKE: Yes, sir.

MR. HEALD: So just go ahead and handle all three of them.

MR. LUEDECKE: For the record, I'm Al Luedecke, director of Transportation Planning and Program Division.

Harris County Toll Road Authority intends to construct and maintain a toll-free extension of the Hardy Toll Road from Interstate 610 at Spur 548 to the central business district of Houston, downtown at Interstate 10, a distance of approximately three and a half miles. The firm's been requested to facilitate the operation of this by constructing on state system direct connectors to the northern and southern termini of the project at Interstate 610 and Interstate 10, respectively.

The approximate cost for the entire three and a half mile extension is approximately $70 million, which includes $17 million for the construction of the direct connectors. Construction of the project and the direct connectors to the state highway system will enhance the level of service to Interstate 45 North, which parallels the Hardy Toll Road, and it's estimated that approximately 25,000 vehicles a day will be drawn from the I-45 corridor.

The minute order presented for your consideration authorizes the executive director to proceed with the project development, including the construction of the direct connectors of previously described limits, and that construction cost not to exceed $17 million and to enter into any agreements with the Harris County Toll Road Authority necessary to carry out this order.

We recommend your approval of this minute order.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. LUEDECKE: Item 6b is minute order authorizing replacement of a bridge in Kerr County on the Hermann Sons Road at the Guadalupe River approximately six-tenths of a mile south of State Highway 27 near the Kendall County line. The bridge was damaged due to flooding and has been closed to traffic since October of 2000. The ten-mile detour affects school buses and the postal service and is the most direct route to the Hermann Sons Retirement Home which has approximately 80 residents.

Since this bridge serves as a direct route for many of the county residents the county has requested the department to accelerate this project. The estimated cost to the bridge is $450,000, which includes 10 percent local participation by the county.

With your approval of this minute order we can proceed with a replacement of this bridge using Category 6b Off-state Highway System Bridge Replacement and Rehabilitation Program funds in the 2001 UTP. We recommend your approval.

MR. JOHNSON: Questions?

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. LUEDECKE: Item 6c -- we bring to you the second quarter program for disadvantaged counties to address matching fund requirements. In your books is Exhibit A that lists the projects and the staff's recommended adjustments for each of them. The adjustments are based on the equations approved in earlier proposals.

There are ten projects in five counties and a reduction in the participation for these projects is $235,117. We recommend your approval of this minute order.

MR. JOHNSON: Questions?

MR. NICHOLS: I'll move but I also wanted to make a comment, and I think it's important. I know a lot of people here are our staff people. There are other people here also that the counties have received a benefit of about $22 million related --

MR. LUEDECKE: Yes, sir. A little over 22 million.

MR. NICHOLS: With that I move we approve it.

MR. JOHNSON: Is there a second?

MR. LANEY: Second. Let me add a comment too though. We get to the point where we make these adjustments and I see that the estimated local participation after the adjustments is sometimes so minimal as to be not worth the effort. We might want to at least consider going forward -- after I'm long gone, but going forward -- a threshold below which you just don't ask for participation, whether it's $5,000 or something, 10,000, because it's a $252 contribution --

MR. LUEDECKE: Yes, sir. Some of the projects are quite small. Of course, some of them are very large too.

MR. LANEY: Right.

MR. LUEDECKE: You need a threshold.

MR. LANEY: Not a percentage threshold, a dollar threshold.

MR. LUEDECKE: Yes, sir. We'll certainly work on that.

MR. LANEY: Anyway, second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. LUEDECKE: Thank you.

MR. JOHNSON: Thanks.

MR. HEALD: Agenda Item Number 7 -- we have one SIB loan for your consideration, James Bass.

MR. BASS: Again, for the record, I'm James Bass, director of the Finance Division.

This minute order seeks preliminary approval for a loan to the City of Bellaire in the amount of $3.18 million to pay for a portion of storm sewer management improvements in connection with their rehabilitation of Interstate 610 from north of Braeswood Boulevard to south of Bellaire Boulevard.

When the application was originally submitted in September of 2000 the city requested an interest rate of 4.75 percent over six years. I'd like to bring your attention that since that time market rates have continued to drop, so if approved the negotiations may result in a lower interest rate than that, and staff would recommend your approval.

MR. JOHNSON: Any questions?

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you.

MR. HEALD: Item Number 8, award or rejection of highway contracts, being 8a(1) and (2), Thomas Bohuslav.

MR. BOHUSLAV: Good morning, commissioners. My name is Thomas Bohuslav. I'm the director of the Construction Division.

Item 8a(1) is for the consideration of the award or rejection of highway maintenance contracts let on February 6 and 7, 2001, whose engineers estimated costs were $300,000 or more. We had 16 projects bid. We have three projects we recommend for rejection.

The first project is in Coke county. We received six bids, the lowest bid being about 80 percent over the project. The district would like to go back and do some redesign. We looked at that project to see if there was any way they could get the prices down on that project.

Another project recommended for rejection is in Matagorda County, FM 457. The project is number 4022. We received three bids on that project of 27 percent over. On this product we had mobilization that overran a lot higher -- I believe it was $35,000. We estimated 5,000 would be a big impact. This is an emergency fender system repair. It's kind of a call-out basis whenever we have a problem with those fenders, and we'd like to go back and rebid that project.

The last project in the maintenance contract recommended for rejection is project number 4025 in Victoria County, US 59. In the other projects that we let -- this is a MO contract -- in that area we received much better competition and got lower prices. Even though this is only 13 percent of it we'd like to go back and see if we can get some more competition and get better prices on this project.

Staff recommends approval of all projects with the exception of those.

MR. JOHNSON: Thomas, when you have what I understood to be an emergency situation like that and you want to rebid it, what are the procedures? How much time are we talking about?

MR. BOHUSLAV: When I saw that wording on there I was concerned that -- and that's kind of a misnomer. It's a call-out contract where if we do have something that's hit, we can call the contractor and they can come out there on an emergency basis, so it's what we might call an evergreen contract where we just keep them there and we'll call them out whenever we do have some problems out there.

So it's not an emergency right now. It will be possibly in the future when we do have the hit to those fenders.

MR. JOHNSON: Is there a motion to approve recommendation on item 8a(1)?

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. BOHUSLAV: Item 8a(2) is for consideration of the award or rejection of highway construction and building contracts let on February 6 and 7, 2001. We had 99 products that were let. We have three projects recommended for rejection.

The first project is in Dallas County, and this project -- there was a requirement in the general notes that there's a mandatory prebid, and the apparent low bidder did not attend that mandatory prebid and therefore they were -- should not have been qualified to bid the contract. We did receive their proposal.

We didn't follow -- therefore we should not have accepted their proposal. However, we didn't follow our normal procedures for notifying contractors of mandatory prebids, and that we normally advertise in the newspaper, and we also send notices out to contractors that there's mandatory prebids.

Because it was in the general notes the contractors didn't know about it until after. In some cases for the contractors that there was a mandatory prebid, so what we want to do is reject all the bids on this project and go back and rebid it.

The next project recommended for rejection is a project in Bexar County. It's heating, ventilation, and air-conditioning for a facility there. We were 78 percent over on this project. We'd like to go back and see if we can make some changes and try to save some money on that project and relet it.

And again, in Sabine County, project CBC 4704-00-034. There was a project there that we're 41 percent over for a maintenance facility in the Beaumont District, and we'd like to go back and have the consultant rework that product to see if we can get that cost down on the project.

Staff recommends approval of all projects with the exception noted.

MR. JOHNSON: On item 8a(2) we have somebody that would like to speak, Jim Bell, from City of Rosenberg, the director of project development.

Welcome, Mr. Bell.

MR. BELL: Thank you, Mr. Chairman and members of the commission.

The project that I represent the City of Rosenberg on is an overpass project within Fort Bend County. We've been working on this project for over six years. Actually, it's a dream of many of the old timers of our city that exceeded over 50 years.

We only have three grade crossings in the city, and we are blessed with two major railroad complexes of the Santa Fe and the Union Pacific.

In 1993 we were doing the engineering studies for this overpass, which will be an S curve type program four lanes wide. At that time we determined that there was going to be in ten years not 16 trains per day but 57 trains per day through our city, of which we only had grade crossings.

Today we are at 33 trains a day, minimum. We already are facing gridlock. Also, you as a commission established an evacuation fund I think around 1994, at which time Highway FM 723 was designated as an evacuation route. With what we knew coming to be a gridlock of the 57 trains, we moved rapidly, working with you in partnership to try and get a new overpass, which was approved to take place.

Our job was we acquired 19 properties either partially or in full. We were responsible for all the utility relocations, and thankfully HL&P worked closely with us, and we have to actually transverse through a major substation right there in the city. That has been taken care of.

We also have been participating with your district office, and we funded upgrading the railings and appearance of the overpass and the lighting, all of which will fit within the architecture of the old city.

I do wish to thank very much the cooperation we've had with your staff. Mr. Trietsch came from this office to be our district engineer. We never missed a heartbeat from Mr. Dietert's retirement to Mr. Trietsch, and also with his very able associates, Mr. Johnson and Mr. Darden.

We felt for all these projects we'd been through -- and I know, Mr. Laney, you've sat in on several of them, a series of them -- that we respectfully thank the commission's consideration and the citizens of Rosenberg and Fort Bend County. This connector which will allow for the development of the north area into the city and down in to tie into US 59 does become more critical each day, and we certainly thank you for your help and consideration.

MR. JOHNSON: Thank you for being here, Mr. Bell.

We'll entertain a motion for the approval of the recommendations under 8a(2).

MR. NICHOLS: So moved.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

Thomas, thank you.

MR. HEALD: Mr. Chairman, under routine minute orders, I'll handle those as normal. We're going to move out of 9d(1) to the front at this time. That has to do with an aerial easement in Bexar County on FM 1535 near Loop 1604. In other words, consider the lease or an aerial easement for a bridge to the abutting landowner.

MR. JOHNSON: We have several speakers who have signed up to speak on this particular agenda item.

Representing the City of Shavano Park, Thomas Peyton, who is the mayor, Jim Bastoni, who is a councilman, Don Wallace, who is also a councilman, and Frank Burney, who is a city attorney -- or an attorney in the city.

Welcome. Do you want to speak for all the gentlemen or does each want to speak?

MAYOR PEYTON: I will start. I have had a little cold. It's hard for me to talk too much, and I'll defer most of it to the other two gentlemen.

MR. JOHNSON: For the record, please identify --

MAYOR PEYTON: My name is Thomas Peyton. I'm the Mayor of the City of Shavano Park, which is in northwest San Antonio. The 1535 is the main thoroughfare through our city, and just north of that is where this proposed bridge is going to go.

I'd like to -- this matter first came up I believe back in October and you deferred it until now, and I guess I'm at a loss as to why it's coming up now because as far as we're concerned there's -- nothing has changed since October. We still have lawsuits filed in this matter and there's nothing been cleared up, and they still haven't changed any zoning on the property, so there's no reason to have a bridge.

I am also a little concerned because of the short notice that we got. We weren't noticed until the end of last week about this meeting, and this is a matter that's high priority for our citizens. We would have had quite a few here. In fact, we wish that we would have a hearing in San Antonio because we feel like there's still a lot of citizens that are concerned about this.

Martin Marietta has applied for a tunnel permit for this, which our citizens don't object to, but they do the bridge because this area that -- the 1535 goes out to Camp Bullis and out to Eisenhower Park. It's one of the main jogging, running, and bicycling areas in our city, and to put this 100-foot-or-so-wide bridge over this road we feel not only will be unsightly but also dangerous. They're proposing a two-way road, a railroad track, and a conveyor belt to go over this bridge.

And you have to understand that this quarry is one of the largest quarries in the United States and does have the largest rock crusher in the United States there, and we do get a lot of dust and truck traffic, and our citizens are concerned. I think all we're asking for is for this to be postponed until all of our legal problems are settled with Martin Marietta.

I'll defer to the other members. Thank you.

MR. BASTONI: Good morning. My name is Jim Bastoni, councilman for the City of Shavano Park. Mr. Burney is going to review a couple of facts so I just want to pass on one or two things.

First, I wanted to just express our appreciation when Mr. Kelly took the opportunity to come to the city hall in Shavano Park and attend a city hall meeting that we had. We had in the neighborhood of 200 people attend from our city to speak on this issue. We don't have a very big city hall. It kind of filled our room and spilled out into the outside.

And then we found out subsequently that this was going to be an agenda item, and we had arranged buses and such. We were going to have a good group of people come here, as Tommy mentioned. But in the interim we received a letter from Mr. Kelly, and it was addressed to Mr. Vaio, Martin Marietta Materials, and it looks like each of you gentlemen received a copy as well.

At that time he told us that the Austin leadership has decided that due to the continued controversy it would be prudent for TxDOT to defer consideration of the lease to allow more time for discussions to continue, and they have continued. Once the hoped-for compromise is achieved then TxDOT would be prepared to consider -- to act to consider the lease, and as Tommy said, it was our understanding of what the timetable was going to be.

We have several suits pending. One having to do more with the zoning issues; the other is a nuisance suit. That suit was scheduled for trial March 13 and we have been moving forward in that regard. Just in the last week or so Martin Marietta has asked for an extension and received an extension from the judge, so that case will be going to trial in first part of June, I believe.

And that's the heart of our case with them right now, that if in fact we go forward and we are unsuccessful in completing our negotiations with them then we have really no other recourse than to try this case. We believe that we'll win this suit just as we've won the other nonconforming rights lawsuits that we have pending against them in the past, and that will make the -- this bridge issue really a moot point, as what we're seeking in our nuisance suit is a permanent injunction on quarrying on the east side of Northwest Military Highway.

I want to hit one more issue, and it's kind of tandem with our nuisance suit and why we have some 200 or so of our residents that come out to one of these hearings to discuss this, and Northwest Military, as Tommy pointed out, is the main artery that comes through our town. Mr. Kelly has also come and given previous presentations to us of your plans to expand Northwest Military and widen it to carry more traffic.

Our residents use that as our primary north-south ingress-egress into town. It's the way people come from 1604 and go back in and out of San Antonio. It's also for us the path that takes us north of 1604. My children and many of the residents in our town attend Texas Military Institute, which is -- you go up Northwest Military through Camp Bullis and you come back out into this area. There's also Eisenhower Park, which is a north side of the quarry and tucked just below Camp Bullis.

And at any given time there's pedestrians, bicyclists, obviously now a lot of parents carting children up and down the street. And we've expressed our concern to Martin Marietta that despite their best intentions -- I'll give them that -- and their assurances that accidents don't happen, accidents do happen.

In the last year or so there was an incident where some fly rock landed on the road from Northwest Military. My wife's car suffered about $1,200 worth of damage from a quarry vehicle where some aggregates flew off the front of the truck and bounced off and literally ripped a hole in the hood of her truck.

I've seen cement trucks that have tried to navigate the turn from 1604 access road onto Northwest Military going north that rolled over because of the high rate of speed, and I've seen the aggregate trucks blow right through the red light, frankly. We do have and continue to have legitimate concern about how this industrial corridor that's developing just to our northern border does affect our citizens and our quality of life, and we're going to advance the discussions to the extent that we can in this interim time between now and the beginning of the trial, which is now just a few months away, but in the absence of any kind of settlement then we'll have to take whatever legal remedies are due us.

As Tommy said, we were under the impression that we would get some consideration from this commission that while this was still pending that this issue would be set aside, and we believed it was going to be resolved in March when we were scheduled for trial, but now as it's pushed back a little bit until June we ask for your consideration to wait just a little bit longer.

Thank you.

MR. BURNEY: Mr. Chairman, members of the commission, my name is Frank Burney. I'm the attorney for the City of Shavano Park. We are glad to be here to address this issue on what we affectionately call the bridge to nowhere, because in fact this bridge cannot be connected with any property because it doesn't have any of the permits that are necessary to do so.

We appreciate your prior support, and the commission has historically always not entered into a discretionary decision, which is what is asked for in this case, until there is some local resolution of the issues and the issues have been resolved, and we appreciate that position by the commission to not interfere with what we consider to be a local issue until there is some kind of resolution. And as we had stated, we thought that's where we were at this case.

If the commission does intend to consider this issue today I think there are four findings that the commission has to make, and I'd like to address three of those, the first being that this thing has to be in compliance with all laws. There's no question that this bridge is going to be built over the Edwards Aquifer Recharge Zone, which is the primary drinking source for over 1.5 million Texans, and there's been no evaluation of any impact on that bridge and the construction going in there too.

Additionally, this property has recently been categorized as a category four by the Department of the Interior Fish and Wildlife Division, and it's a sensitive property with various endangered species. There's been no evaluation of the impact to those species as well.

I would also point out to you that there's been no zoning -- change in zoning for this property. The property located on one side of the road on the east is zoned residential R1. There's been no change in that zoning by the City of San Antonio. No decision whatsoever has been made.

On the left side the case is at the Supreme Court at this point in time. As it exists today the Fourth Court of Appeals has ruled that there are no nonconforming rights existing to allow quarrying on that property to the east side -- the west side of this property.

So at this point in time you have no nonconforming rights to the west, you have no zoning to the east. This is literally a bridge to nowhere. I think some members have already mentioned there are six or seven different lawsuits involved in this particular tract that are in various stages of discovery and trial, all the way from the state to the federal court.

A second finding that this commission has to make is that -- to assure the safety of the area and the beautification interests of the state of Texas. There is already in the files of the transportation department evidence that this quarry has created a dangerous condition at this location. There are reports of fly rock from the quarry blasts that have ended up on this farm-to-market road. Bicyclists use this road on a regular basis as well as vehicular traffic, and I don't think there's been any studies whatsoever to evaluate the impact to the safety of those that use this road at this point in time.

I think it would be very difficult for this commission to reach a finding that this beautiful, pristine Hill Country area would be enhanced -- the beauty of it would be enhanced by the construction of a massive railroad conveyor belt bridge with the accompanying dust that would go with it.

The third finding that this commission would have to make is that it has some economic benefit. In this particular case we're talking about $15,000 a year for a lease that may last 15 to 20 years. The local office has already indicated that they've spent far in excess of that $15,000 studying this issue to date, and so there is actually no economic benefit to the state of Texas for this. No appraisal has been performed.

We believe that the $15,000 figure is vastly understated, and there's been no effort to truly determine the market value of this bridge to this particular industry, and we think you ought to consider the fact that you are vastly understating the income that the state of Texas could receive if it did market-value this bridge itself.

Economic benefit also has a broader term, not only for the Texas Department of Transportation, but we believe that the construction of this bridge will severely impact property values in this area and continue to affect homeowners in this area.

I guess in final I'd say is this $15,000 more important than the impact to these neighborhoods in this area, and the impact on the recharge zone and the environmentally sensitive properties. This bridge to nowhere that's mired in litigation should not be approved by this commission today. You ought to give the local parties the chance to work through the issues if they can. We've had ongoing discussions over the last six months on various occasions to try to resolve our disputes.

We still are at the table trying to negotiate these issues, and we hope to be able to work those out, and we'd ask for you to table this motion until we have a chance to work through it on a local basis. Thank you.

MR. JOHNSON: Is Councilman Wallace here?

MR. BURNEY: No, he is not. He did not make the trip.

MR. JOHNSON: There are two speakers who are here to speak for this agenda item, and I would like for each speaker to remain and answer any questions that any of the commissioners might have. Representing Martin Marietta is Bruce Vaio, and then Tony Ferraro is also here to speak on behalf of the agenda item.

MR. FERRARO: Good morning. My name is Tony Ferraro. I'm the president of the Rogers Ranch Crosstimber Homeowner's Association, and I'm here representing our 350 families that live in the area that is directly east of this new quarry and the expansion of Martin Marietta's quarry. We will be, as we continue to develop, a thousand feet from the eastern edge of this quarry.

Over the past six months I want to tell you that we have worked very hard and diligently with folks at Martin Marietta and Mr. Vaio and his staff in developing an agreement that Martin Marietta has stepped up to make some significant restrictions in their operations as they move to quarry this land, and it will create an opportunity -- it's created an opportunity for us to have a positive quality of life.

It won't change anything as far as we're concerned in the environment that we have in our subdivision, and we're looking forward to their moving across Northwest Military and mining this land. We believe it's a benefit to San Antonio and we urge your support, and I am here to answer any questions you may have.

MR. JOHNSON: Thank you.

Mr. Vaio.

MR. VAIO: Thank you, commissioners, director. My name is Bruce Vaio. I'm the president of Martin Marietta Materials Southwest.

Many of you have operated in the conditions in the environment that we have in the year 2000 and beyond. We started this quarry in 1935, and I will tell you we cannot operate a quarry the way we did in 1935, much less the way we did five years ago. As groups have moved closer and closer to this significant asset to the City of San Antonio and to the state of Texas we've had to revisit the way we do business, and in John Kelly's letter back in October when he said that he suggested we revisit the neighborhood groups, the City of San Antonio where we reside and see how we do operate, I can tell you that we have changed the way we've done business significantly.

We have entered into a landmark agreement with the people of the Rogers Ranch Homeowners Group in conjunction with the City of San Antonio that basically applies the most restrictive conditions to any quarry in the state of Texas. We have agreed to reduce our blasting levels measured by peak particle velocity by almost 72 percent of what is required by the City of San Antonio.

We've agreed to drop the amount of explosives we use by over 50 percent. We've agreed to establish meaningful buffers and build berms that are architecturally pleasing. We have done things to change the way we do business.

As each and every one of you know that's representing the Texas Department of Transportation you can't make everyone happy, and it takes a little more time to communicate what these real positive changes are.

You had heard the opposition mention that on Northwest Military Highway, FM 1535, that the concern is that basically with Camp Bullis, an Army depot, not being used to its fullest extent anymore that it's primarily being used by joggers and those that are using it for recreational activities. Two years ago we pulled 1,200 trucks a day off of there and relocated our exit route so that we could improve the compatibility between the quarry and the community.

The reason that we're asking for a bridge is just that. If we were to go completely underground as we have with the existing lease with TxDOT we would actually have to extract the side elevations to where we would diminish from the visual appearance of that corridor. By us going aboveboard we can assure the communities, including Shavano Park and the City of San Antonio where this resides, that we can by 100 percent eliminate any of the quarry vehicles moving across between the west and the east side.

This is good. This is standing up and doing the things that John Kelly requested in his letter by being a good, compatible citizen.

I appreciate your time and your consideration of this matter. Although there is a dispute that's ongoing, the amendment of the lease that's in front of you today is really just that. It's an amendment of an existing lease that we have which we believe will be in the betterment of all involved, and I appreciate your time and am willing to answer any questions you may have.

MR. JOHNSON: I have a couple of questions, and maybe Mr. Laney and Mr. Nichols might have one or two themselves.

Mr. Burney referred to several important issues that I'd like for you to address. One is safety, one is the aesthetics of the area as it pertains to this aerial easement and the bridge, and thirdly is the environmental considerations. Would you address those issues?

MR. VAIO: Sure. Let me address each one.

First and foremost and what's a priority in our company is safety. We did have an unfortunate situation in our quarry that they have referenced. It's a single event. I've been in the company for five years and we have never had another replication of an event like this.

Since this time we have employed the most state-of-the-art techniques into our detonation activities. We have employed the services of the San Antonio Police Department to where for a period of 45 seconds we go ahead and hold traffic and defer anyone. We clear that part of the roadway out to make sure as the belt and suspenders approach that there is -- that we operate under 100 percent safe conditions. By doing that we guarantee the motoring public that we will do that.

The second element is there have been extensive studies on the impact. The San Antonio water system, the Edwards Aquifer Authority have all investigated the impact of a quarry operation on the representative eastern portion of the Beckmann Quarry. We have had studies by the environmentalists. That has been complete. It hasn't been specific to a bridge linking the two, no, but the quarry has been completely assessed.

The final thing, there was a mistake I think that Mr. Burney had indicated. The property is not zoned R1 for residential. It has not been zoned by the city, and when it is not in that condition it's actually zoned -- it's in a fallout category called R/A, residential/agricultural. It has not been zoned, and the city council has confirmed it in an eleven to zero vote that we have nonconforming rights on that property to mine.

I might have missed -- did I miss one of the other --

MR. JOHNSON: Well, two further questions. One, what about the safety of the users of the military highway? I appreciate the safety concerns for the quarry and the people who work within the quarry, but people who are using the military highway. And then secondly, the aesthetics of the area and how they might be enhanced or not hurt by the presence of a bridge using an aerial easement.

MR. VAIO: If you were to take a copy of the presentation I gave you, on the front cover is a digital graphic representation of the bridge. What is significant, under our existing lease, if we were to go ahead and to mine underground we would have to remove that elevation, the natural berm that's on each side that has been cut by TxDOT to put -- or whoever put that road in at the time.

Both those sides would have to be brought down to grade level, so we would have to extract that rock, from my perspective diminishing from the visual appearance.

The second element if you'll notice on the bridge, the conveyer that will run across the bridge will be completely covered so that no material could ever come off of that conveyor and drop down below. The safety is enhanced by people that are actually using Northwest Military because they will never encounter any large quarrying equipment that will be moving between the east and the west.

By us putting the bridge up above we will be able to shuttle equipment back and forth without ever having to do any add grade crossings on Northwest Military Highway, therefore anyone that's planning to use this for recreational purposes is not going to be hindered by our activity.

MR. JOHNSON: David or Robert, do you have any questions?

MR. NICHOLS: I really don't have any questions.

MR. JOHNSON: David?

MR. LANEY: I just want to make sure if John Kelly wanted to add something.

I don't want to put you on the spot, John, but do you have any comments you want to add one way or the other?

MR. KELLY: For the record, my name is John Kelly. I'm the district engineer in San Antonio for TxDOT.

Commissioner Laney, I appreciate the opportunity to come up. This has been a very difficult issue for us. We've found ourselves caught in the middle between two competing interests, but I feel like at this point as far as our particular requirements as far as leasing right of way I believe that those requirements have been met satisfactorily, and I would suggest that it would be time to go ahead and consider this lease. I believe that it will be beneficial.

I think the key benefit that I see if there is going to be quarrying on the east side of Northwest Military Highway the benefit of doing the aerial lease is that as Mr. Vaio has said, the construction of the bridge will preclude any interaction between their quarrying equipment and any of the traffic, whether it be pedestrians, bicyclists, or motorists on Northwest Military Highway, and to me that's the key safety benefit that we would derive from that bridge construction.

Thank you.

MR. JOHNSON: Thank you, John.

Any questions of John, Robert, or --

I have a question of Mr. Burney. The action that is being considered here today by the commission in no way affects your continuance in the pursuit of a legal answer to your situation. Is that correct?

MR. BURNEY: Well, we think it would be more prudent, I guess, from our position to let the process run its course. We have ongoing negotiations. We have litigation pending. Let those decisions be made rather than going ahead and approving basically a bridge that may have other conditions.

This commission has the authority to set additional conditions on your approval, and it may turn out that part of the compromise that we reach is some additional conditions that we might bring to you as suggestions to enhance this particular bridge. We may be able to work out a compromise on that, and what we're saying is let that process run its course.

Let the parties negotiate. If not, let them resolve it through the litigation, and at that point in time we can come back to you that if Martin Marietta wants to continue to do this then they can do so.

One of the conditions might be that the tunnel be used rather than a bridge. That might be one of our points of settlement, which would basically negate the need for this amendment. You've already heard Mayor Peyton say that the tunnel would be -- is okay in the minds of the residents of the City of Shavano Park.

So we believe that you're being -- we don't need to reach this decision today, that it would be prudent to take the time to table the decision and wait until all the facts are resolved.

MR. JOHNSON: David?

MR. LANEY: Let me ask Chairman Johnson's question again. I think if you can just get right to the point.

MR. BURNEY: Sure.

MR. LANEY: If we approve this lease today would it have any impact on the ongoing litigation?

MR. BURNEY: Well, the litigation won't have any impact on -- we believe that it will impact the settlement negotiations, because every time one player has one more advantage it makes the settlement negotiations that much more difficult.

MR. JOHNSON: Robert, any questions?

MR. NICHOLS: No. I move we approve the lease.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Thank you.

MR. HEALD: Okay. Back to the normal order of routine minute orders, starting off with 9a, speed zones. Establish or alter regulatory and construction speed zones on various sections of highways in the state. There's a list for your review.

And we go on with b, load zones. Revision of load restrictions on various roads and bridges on the state highway system. Under highway designations, 9c, in Hunt County, remove a segment of State Highway 224 from the state highway system in Greenville from Lee Street north to State Highway 34, a distance of approximately 1.24 miles; redesignates the segment of State Highway 224 as State Highway Spur 302 in Greenville from US 69 East to State Highway 34, a distance of approximately 1.84 miles; and redesignates BU67-T as State Highway Spur 302 in Greenville from State Highway 34 East to Interstate 30, a distance of approximately 2.09 miles.

Your 9d, right of way disposition purchase and lease with one in Bexar County -- sorry, two. Bowie County -- this minute order provides for the sale of a .16-acre tract of surplus right of way land being appraised value of $41,820. (3), minute order provides for the sale of a 2.905-acre surplus maintenance warehouse site and improvements in Cochran County on State Highway 114. Again, that was based on appraised value.

(4), minute order provides for the release of a .3035 acre surplus right of way easement in exchange for 1.197 acres of fee title right of way, and there is a difference in value, which we receive. (5), this minute order provides for the sale of a .412-acre tract of surplus right of way land in Grayson County off of State Highway 11, based on appraised value.

(6), Grayson County off of US Highway 69 -- this minute order provides for the sale of a .183-acre tract of surplus right of way based on appraised value. (7), Harris County -- this minute order provides for the sale of a surplus access rights along 610 in Houston, and again, that's based on an appraisal, and the landowner has agreed to pay the state $42,000 for the conveyance of access rights as well as a state service fee.

(8), This minute order provides for the sale of 1.42-acre tract of surplus right of way land in Montgomery County off of US 75 at FM 2432 based on appraised value. That takes care of that.

Moving to eminent domain proceedings, request for eminent domain proceedings on noncontrolled -- just noncontrolled highways, and there's a list for your review. 9e(2), consider the condemnation of land to be acquired for addition to the Houston District headquarters. I believe Mr. Trietsch is here if you have any questions on that.

Mr. Chairman, that completes the routine minute orders.

MR. LANEY: I've got one question.

MR. JOHNSON: Any questions?

MR. LANEY: Question. I want to ask Gary Trietsch to come up. Since this is my last -- potentially my last act of office, I want to get one thing really clear. I want to make sure this new site is right next to a toll road.

(General laughter.)

MR. TRIETSCH: It's not, I don't think, but it may change. But it is next to a railroad.

MR. HEALD: But, Gary, we do have an option, don't we? Next to a toll road or --

MR. TRIETSCH: I've got one next to a toll road.

MR. JOHNSON: Any other questions, comments, observations? We'll entertain a motion to approve.

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. HEALD: And we're not calling for an executive session at this time.

MR. JOHNSON: Is there any other business that needs to come before the commission?

(No response.)

MR. JOHNSON: There being none, we'll entertain a motion to adjourn.

MR. LANEY: So moved.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: For the record, we'll stand adjourned at 12:17 p.m. Thank you.

(Whereupon, at 12:17 p.m., the meeting was concluded.)

C E R T I F I C A T E

MEETING OF: Texas Transportation Commission
LOCATION: Austin, Texas
DATE: February 22, 2001

I do hereby certify that the foregoing pages, numbers 1 through 115, inclusive, are the true, accurate, and complete transcript prepared from the verbal recording made by electronic recording by Penny Bynum before the Texas Department of Transportation.

                        2/27/01
(Transcriber) (Date)

On the Record Reporting, Inc.
3307 Northland, Suite 315
Austin, Texas 78731