TEXAS TRANSPORTATION COMMISSION MEETING

Dewitt Greer Building
125 East 11th Street
Austin, Texas

9:00 a.m. Thursday, December 14, 2000 Regular Meeting

COMMISSION MEMBERS:

JOHN W. JOHNSON, Chairman
ROBERT L. NICHOLS
DAVID M. LANEY

DEPARTMENT STAFF:

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

PROCEEDINGS

MR. JOHNSON: It is 9:07 a.m. and I will call this meeting of the Texas Transportation Commission to order. For the record, public notice of this meeting containing all items of the agenda was filed with the Office of the Secretary of State at 9:04 a.m. on December 6.

I would like to remind anyone who wishes to address the commission at the open hearing portion of the meeting to please fill out a card at the registration desk.

Before we get started, I'd like to ask my colleagues on the commission if they have any comments that they would like to make at this time.

MR. NICHOLS: Have a safe and merry Christmas. That's really all I have.

MR. LANEY: Well, I'll echo that -- have a safe and merry Christmas, and celebrate the conclusion of the exercise of last night. We finally don't have a boss anymore; he's been elevated out of reach.

MR. JOHNSON: Promoted.

MR. LANEY: That's right, promoted out of reach. So anyway, that was a great result.

MR. JOHNSON: On Tuesday I addressed a conference in Houston dealing with I-69 and I wish I'd have thought of this then, but I got to looking at the word "NAFTA Highway" which I-69 has been described as, and if you take the word "NAFTA" and reverse the F and the N you have FANTA, and if you ask Vanna White to get rid of the F and put an S there, you have SANTA. It becomes the SANTA Highway.

And I made the remark that one of the main goals of transportation planning is to give people alternatives, and I think if we would take Corridor 18 or I-69 all the way through Canada to the North Pole, it would give Santa an alternative route in case of inclement weather to make sure that the children in Canada and the United States and Mexico get their Christmas visit.

And with that thought in mind, I want to echo what my colleagues have said in wishing everyone the happiest and safest of holiday seasons.

MR. LANEY: That was pretty strange.

MR. JOHNSON: Do you want it stricken from the record?

(General laughter.)

MR. JOHNSON: There is another issue that I would like to bring before you prior to getting started. Commencing in January and for the next few months, we will begin a new work group to help us better define our transportation goals in Texas. That group will be made up of elected officials, business leaders, and transportation experts from around the state and will help us define and evaluate our mobility efforts.

The makeup of this work group is nearing completion and the list of its current members in a more formal announcement is available through our public information office.

It should come as no surprise to any Texan that one of the biggest challenges is handling the growth we see on our state's roadways. Our corridors need comprehensive attention and we must continue to focus our efforts on rural transportation needs.

We need, in the simplest of terms, a plan that helps Texans, the users of this massive transportation network, benefit the most from the infrastructure we've built and will build in the future. That plan must guide our focus in the ways that are meaningful and understanding to Texans, and I think that is so important and I want to repeat it: the plan must guide our focus in ways that are meaningful and understandable to Texans, and that is what this work group will help us to define.

As we announced in October, the department is already very involved in updating a transportation plan that will serve as a blueprint for the system for the year 2025. Our expectation is that this work group will complement that effort, giving us the input we need from the people that we serve.

I would be remiss if I did not thank the Governor's Office and Lieutenant Governor's Office and Senator Florence Shapiro and her Senate State Affairs Committee for their assistance in helping us with this idea.

I have high expectations for this group but even higher expectations for the plans that will be crafted for all Texans. That out of the way, we will proceed with our regular meeting.

Wes, I guess before we proceed, we'll entertain a motion to approve the minutes of our November meeting.

MR. LANEY: So moved.

MR. NICHOLS: Second.

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

(A chorus of ayes.)

MR. JOHNSON: Those opposed, no.

(No response.)

MR. JOHNSON: Motion carries. Wes, I'll turn the meeting over to you.

MR. HEALD: Thank you, Mr. Chairman. Agenda item number 2 under Aviation, appointment of two members to the Aviation Advisory Committee, Dave Fulton.

MR. FULTON: Thank you, Wes. Good morning. My name is David Fulton; I'm the director of the TxDOT Aviation Division.

This minute order appoints two members to the Aviation Advisory Committee. The terms of two current members expired on August 31, 2000; therefore, it is necessary for the commission to appoint two members for terms to expire on August 31, 2003.

Recommended for appointment are Col. Charles E. Powell from San Angelo, and Ms. Corky C. Pledger from Addison. Both Col. Powell and Ms. Pledger are here and have requested to briefly address the commission.

COL. POWELL: Thank you, David. And gentlemen, I want you to know that it is a personal and professional privilege to be considered for appointment to this. My name is Charles E. "Charlie" Powell from San Angelo, Texas.

That's especially a privilege and compliment to me since I come for primarily -- my professional career is from two non-profit sectors: that's 34 years with the Department of Defense, and 20 years with Texas banking.

(General laughter.)

COL. POWELL: I wish each of you a happy holiday. I can assure you that if this appointment is made, I will work diligently with our executive director Dave Fulton, with my co-committee person Ms. Corky Pledger from Addison. And from my home to your home, happy holidays. It's a great day in Texas history.

MR. JOHNSON: Thank you.

COL. POWELL: Thank you.

MS. PLEDGER: He's kind of a hard act to follow, isn't he? My name is Corky Pledger, and we own an avionics business on Addison Airport near Dallas. And I was first appointed to the committee on October 30 in 1997, and I have felt it to be such an honor to be on this committee and I feel very honored to be asked to repeat.

I think that the committee is very important in serving the communities and providing an opportunity for aviation users across the state to learn about state and federal aviation programs. The committee also provides citizens an opportunity to comment on aviation matters and to make recommendations to TxDOT and the commission on the needs of the state aviation system.

Once again, thank you so much for considering me again.

MR. JOHNSON: Thank you.

MR. FULTON: With that, commissioners, I would recommend their approval for your consideration.

MR. NICHOLS: I so move.

MR. LANEY: I second, but I'd like to make a comment or two if I can. First of all, it takes a lot of time and effort and energy to spend time on a committee that you all are on, and you wouldn't be selected unless you were considered leaders in the community of interest that you represent. I think all of us greatly appreciate your willingness to serve and don't underestimate the value that you contribute to the state. We appreciate it very, very much. Thank you.

MR. JOHNSON: Well said. There's a motion and a second. All those in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you very much.

MR. HEALD: Item number 3, Public Transportation, Margot Massey.

MS. MASSEY: Good morning. I'm Margot Massey of the Public Transportation Division.

What we have for you this morning is a recommendation to authorize the use of $1.1 million in toll credits to match Congressional earmarks for capital projects for four transit systems: Brazos Transit District, the City of Waco, the City of Lubbock, and the City of Galveston.

These are very worthwhile projects; we recommend your approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: No.

MR. JOHNSON: Is there a motion?

MR. NICHOLS: I so move.

MR. LANEY: Second.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you, Margot.

MR. HEALD: Under Promulgation of Administrative Rules, item number 4, we have several minute orders for your consideration, starting with 4(a)(1) Finance, and James Bass will present this.

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

This minute order proposes amendments to Section 5.43 and 5.44 of Title 43 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 in order to prevent any conflict with Section 23.27 which governs the sale of travel promotional materials.

This minute order will allow for the amendments to be published in the Texas Register for the purpose of receiving public comments, and staff recommends your approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Seconded.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. HEALD: Two more under Proposed Adoption, 4(a)(2) Contract Management, Robert Wilson.

MR. WILSON: Good morning. I'm Robert Wilson; I'm the director of the Design Division and I'm presenting to you this morning proposed rules changes to Section 9.31, Sections 9.33 to 9.38, and Sections 9.41 to 9.43 of the Texas Administrative Code concerning architectural engineering and surveying contracts.

These proposed changes are as a result of recommendations of a task force of TxDOT and consultant users of the process. The proposals are to help streamline the process and help with consistency and add flexibility in the process while remaining compliant with law.

If you approve this minute order, these proposed rules will be advertised in the Texas Register for public comment and we would hope to bring back final rules for your adoption at your February meeting. Staff would recommend approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: I had a question, or a comment. Actually, I think I got most of my questions addressed by e-mail and stuff, and that had to do with the time period for negotiation. As I read the proposed rule, and actually, part of the rule we're currently under, we had 30 working days for negotiation from notification period to signing of the contract, and I was concerned that was not enough working days, but I was assured that if we cancel negotiation with one firm and then go to a second firm for negotiation, that the 30 working days begins again.

MR. WILSON: Yes, sir, that's right. We start the 30-day clock with a letter of notification to the selected firm so if we cease negotiations with the first firm, we would issue a new letter of negotiation to the second firm and start the 30-day clock over.

MR. NICHOLS: Okay. That was really the only thing I had.

MR. JOHNSON: Can we have a motion?

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: The last rules for proposed adoption is agenda item number 4(a)(3), John Campbell, Right of Way.

MR. CAMPBELL: Good morning. I'm John Campbell, director of the Right of Way Division.

I'd like to present for your consideration item 4(a)(3), minute order for the proposed adoption of rule revisions to 43 TAC Chapter 21, Right of Way. The eight listed sections, which I'll spare the recitation of, all pertain to the procedures and policy for accommodation of public utility facilities on the right of way. Collectively, they're 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 used 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: Seconded.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries. John, thank you.

MR. HEALD: Rules for Final Adoption, item 4(b)(1), starting with Dave Fulton, under Chapter 1 Management.

MR. FULTON: Again for the record, my name is David Fulton, director of the TxDOT Aviation Division.

Item 4(b)(1) Transportation Code Section 21.111 requires the Texas Transportation Commission or the commission's authorized representative to hold a public hearing before approving financial assistance for airport development grants and loans. The commission, by Minute Order 108315, dated September 28, 2000, proposed an amendment of departmental rules delegating the authority to the Aviation Division director to conduct these public hearings. No comments were received.

This item proposes final adoption of the proposed rule change. We would recommend your approval of this minute order.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Seconded.

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

(A chorus of ayes.)

MR. HEALD: 4(b)(2), Thomas Bohuslav, Contract Management.

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

Item 4(b)(2) is for rules proposed for final adoption for amendments to Sections 9.11, 9.12, 9.14 through 9.16, and 9.18 of Title 43 Texas Administrative Code. With the amendments we've clarified the requirements for alternative bid items and rounding of bid prices and tie bids. We've also modified bidder qualification requirements for waived projects.

The amendments were published in the October 12, 2000 issue of the Texas Register and no comments were received. Staff recommends 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, Thomas.

MR. HEALD: And the last rule for final adoption being 4(b)(3), Jennifer Soldano.

MS. SOLDANO: Good morning. I'm Jennifer Soldano and I'm the director of the Contract Services Office.

This minute order adopts amendments to Sections 9.80 through 9.83 and 9.85 through 9.87 and new 9.89 concerning contracts for scientific real estate appraisal, right of way acquisition, and landscape architectural services.

The amendments add appraisers to the types of services that can be secured by the department with the use of a precertification procedure and competitive sealed proposals. The amendments also extend the time period that tasks or sub-tasks may be issued within a work authorization for scientific service contracts.

The commission proposed these rules in September and the rules were published in the Texas Register. No comments were received. We recommend 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.)

MS. SOLDANO: Thank you.

MR. JOHNSON: Motion carries. Thank you, Jennifer.

MR. HEALD: And the last administrative rule, under 4(c) Rule Review, Monty Chamberlain.

MR. CHAMBERLAIN: Good morning. For the record, my name is Monty Chamberlain and I'm the business services manager for the Motor Carrier Division.

The minute order before you concerns the readoption of Title 43 Texas Administrative Code, Chapter 18, Motor Carriers, and Chapter 28, Oversized and Overweight Vehicles and Loads. This readoption is in concert with the requirement that state agencies readopt the rules every four years.

The proposed rule was published in the Texas Register on October 6 and no comments were received. At this time, staff is submitting the minute order for your consideration and recommends approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Seconded.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you, Monty.

MR. CHAMBERLAIN: Thank you.

MR. HEALD: State Infrastructure Bank loan, item 5, James Bass.

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

Item 5 seeks preliminary approval of a loan to the Wise County Water Supply District in the amount of $4.15 million to fund the relocation of utilities made necessary by the expansion and reconstruction of US 380.

The water supply district has requested an interest rate of around 5.3 percent with a 20-year payback period. If approved, staff would attempt to negotiate a shorter payback period than the one initially requested by the water supply district. Staff would recommend your approval.

MR. JOHNSON: James, what is the longest maturity we have on any of the SIB loans?

MR. BASS: The longest one is for the Laredo International Bridge and I believe it's in excess of 20 -- I don't have the exact number here, but it's in excess of 20 years.

MR. JOHNSON: Okay.

MR. LANEY: And how big is that loan?

MR. BASS: It's $29 million.

MR. LANEY: Yes, I was going to say, $30 million.

MR. JOHNSON: Any questions, other than those?

MR. LANEY: I would add, along the lines of your comments, if you go back and renegotiate, I think that term that they've proposed is way too long and the rate may be a little -- well, you'd settle the rate.

MR. BASS: At this point in the preliminary discussions there appear to be some unique circumstances that will have to be further investigated. If the preliminary approval is granted and once negotiations begin, we'll have to investigate those circumstances further, and that may be one reason for the requested 20-year payback period.

MR. LANEY: So moved.

MR. NICHOLS: Second.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries. James, thank you.

MR. HEALD: Item number 6 under Transportation Planning, there are three minute orders, and Al Luedecke, if you'll just go ahead and handle all three of them.

MR. LUEDECKE: Good morning, commissioners. I'm Al Luedecke, director of Planning and Programming Division.

In accordance with Section 201.602 of the Texas Transportation Code, the commission conducted a public hearing on October 26, 2000, to receive testimony concerning the highway project selection process and the relative importance of the various criteria on which the commission bases its project selection decisions.

One participant provided oral comments and a letter at the public hearing. This participant requested that on participation-waived, equivalent-match, off-system bridge projects, the commission allow local governments to seek waivers on both Priority 1 and Priority 2 projects in the Unified Transportation Program.

Responses to the oral comments are shown in your attached Exhibit A to the minute order, and no additional written comments were received.

The minute order before you today establishes that the proposed project selection process is consistent with the agency goals to manage, develop and preserve the state's transportation system in a safe, effective and environmentally sensitive manner and authorizes the project selection process as shown in Exhibit B for the development of the Unified Transportation Program.

We recommend your approval of this minute order.

MR. JOHNSON: Any questions, comments?

MR. NICHOLS: So moved.

MR. LANEY: Seconded.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. LUEDECKE: Item 6(b) minute order authorizes the use of fiscal 2001 Public Lands Highway Discretionary Funds for the replacement of the Mineral Creek Bridge on County Road 441 in the Hagerman National Wildlife Refuge.

The department receives Public Lands Highway Discretionary Funds from the Federal Highway Administration to improve roads and other facilities that provide access to areas served by the public lands highways. Under this program the Federal Highway Administration selects projects from various candidate projects submitted by the department and other states.

This nearly $230,000 award for the replacement of the Mineral Creek Bridge is the first Public Lands Highway Fund the department has received since 1989. We recommend your approval of this minute order.

MR. JOHNSON: Any questions?

MR. NICHOLS: I did have a question. I was surprised when we did get this -- I think it's great -- but the point that you just made that it's been eleven years since we've received something like this, so it is very unusual. Is there anything that we can do to encourage more of this from the fed; are there other areas that if we applied for or supported and encouraged -- is there an application or process formula to bring more of this money down?

MR. LUEDECKE: I don't have a good answer for you right now; I'd have to look back on that. I know we've applied for it over the years, but why we've not been selected I think is open to some question.

MR. NICHOLS: Did we apply for it every year?

MR. LUEDECKE: I believe we have, yes, sir.

MR. NICHOLS: I'd like to see something a little further on this over the next few weeks or month to see what we might can do as a commission to apply or try to get our point system up to try to get more of this.

MR. LUEDECKE: Certainly.

MR. NICHOLS: Other than that, I move.

MR. JOHNSON: Do we normally apply for more than one project in a given year?

MR. LUEDECKE: It's varied over the years but normally we apply for a family of projects.

MR. LANEY: Do you have any sense of the total amount granted for these kinds of projects nationally?

MR. LUEDECKE: No, sir, I don't at this time. I can find out for you.

MR. LANEY: That would be great if you can add that to whatever you're getting for Robert.

MR. LUEDECKE: We'll make that part of the briefing.

MR. LANEY: Thanks.

MR. JOHNSON: We have a motion. Is there a second?

MR. LANEY: Second.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. LUEDECKE: Item 6(c), the Port Authority Advisory Committee was created in 1997 when Senate Bill 370 was passed by the legislature. The purpose of the committee is to advise the commission and the department on matters relating to port authorities.

The five-member committee must represent the following geographic locations: one member for the Port of Houston Authority of Harris County, two members from ports north of Matagorda-Calhoun county line, and two members from south of that line.

The present committee was appointed by the commission in staggered terms with future appointees to serve three-year terms. Two members' terms will expire on December 31, 2000, making it necessary for the commission to appoint one member representing the upper Texas coast and one member representing the lower Texas coast.

Mr. John Roby is recommended as the appointee to represent the upper Texas coast, and Mr. John LaRue is recommended as the appointee for the lower Texas coast. Their terms would expire December 31, 2003, and you have some background information on them there in your packet, and we recommend your approval.

MR. LANEY: Are they here?

MR. LUEDECKE: I don't believe so, no, sir.

MR. LANEY: It must be harder to get here by boat than by plane.

MR. LUEDECKE: They'd have to be coming upstream, the way the rain’s been flowing.

MR. JOHNSON: The Colorado River’s frozen over.

(General laughter.)

MR. JOHNSON: Is there a motion?

MR. LANEY: So moved.

MR. NICHOLS: Second.

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

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Al, thank you.

MR. HEALD: Item number 7, Award or Rejection of Contracts, Thomas Bohuslav.

MR. BOHUSLAV: Good morning again, commissioners.

My name is Thomas Bohuslav; I'm the director of the Construction Division.

Item 7(a)(1) is for consideration of the award or rejection of highway maintenance contracts let on December 5 and 6, 2000, whose engineers estimated costs are $300,000 or more. We had 13 projects, 53 bidders, for an average of four bids per project. Staff recommends approval of all projects.

MR. LANEY: So moved.

MR. NICHOLS: I'll second it, but I had a question also. The question has to do with the percent underrun, almost 16 or 17 percent below estimate, which is one of the probably largest underrun percentages I've seen in a pretty good while.

Is there something going on that's reducing the cost of some materials, or are we just getting better bids or a greater number of bids that are better?

MR. BOHUSLAV: We are probably seeing more competition. I can't speak to the actual underrun on these because it's really project-dependent on how the engineer determines their estimate. Because we have just 13 projects, one project could kind of bring them all down a lot. But we're seeing an increase in bids, especially on larger projects, not necessarily maintenance projects, and competition seems to be pretty good right now.

We're pretty much holding the line on our highway cost index which is kind of our measure to see what cost of individual items of work are, so we're kind of even on that. We're kind of being steady here for the last maybe four or five months. The competition seems to be pretty good, though.

MR. NICHOLS: Okay. Well, I thought that was pretty significant.

MR. JOHNSON: You're not encouraging bidders to be more aggressively high in their bids, are you?

MR. NICHOLS: No.

(General laughter.)

MR. JOHNSON: There's a motion and a second. All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. BOHUSLAV: Item 7(a)(2) is for consideration of the award or rejection of highway construction and building contracts let on December 5 and 6, 2000 for a total number of 87 projects; we had an average of 4.39 bids per project.

We have one project we recommend for rejection; that's project number 3042 in Ector County. This is a project that was 23 percent over; it included some crack seal work that would have to be performed pretty late in the year. We didn't get a lot of competition because most of the other crack seal contractors seemed to be busy with work or were unable to bid this job.

The district would like to go back and redesign it, take the crack seal work out, do some with state forces and then relet some later on in the year, and then go back and relet the remaining portions of this work this year later.

Staff recommends award of all projects with the exception noted.

MR. JOHNSON: Any questions?

MR. NICHOLS: So moved.

MR. LANEY: Seconded.

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

(A chorus of ayes.)

MR. JOHNSON: Thank you, Thomas. Motion carries.

MR. HEALD: Item number 8, Routine Minute Orders, I will handle these, as usual.

Starting with (a) Speed Zones, establish or alter regulatory and construction speed zones on various sections of highways in the state; (b) Load Zones, revise load zone restrictions on various roads and bridges on the state highway system.

(c) Highway Relocation, this minute order authorizes the Texas Department of Transportation to enter into the necessary agreements with the Northwestern Resources Company for the purpose of relocating a portion of FM 39 in Leon County.

There's a sketch there to show you. The Northwestern Resource Company will pay the entire cost of this project; they operate a lignite coal mine. This is in, I believe, the Bryan District.

Right of Way Disposition, Purchase and Lease, we have two minute orders under this item. These two minute orders make findings and determinations to approve the recommendation of TxDOT to declare the remainder of two parcels needed for highway purposes as uneconomical remainders; one being on State Highway 161.

This is to acquire 7,134 square feet of land from Mr. Rundberg, and the whole property consists of something slightly over that, being 8,348 square feet. Appraised value is $9,600, and we're recommending that this be declared an uneconomical remainder.

Second, the department to acquire 4,496 square feet from the trustee of the company of the Friends of Jesus, being the landowner. The whole property consists of 6,253 square feet; the appraised value is $45,000. And then we're asking that that be declared an uneconomical remainder.

In Taylor County on FM 613, this minute order provides for the sale of a three-acre surplus maintenance site and improvements to the City of Tuscola, this being in the Abilene District. The appraised value of $6,724 was established and $276 value of the improvements -- sounds like a lot of improvements -- for a total value of $7,000, and the city has requested that we sell them that for that appraised value.

MR. JOHNSON: Wes, I don't show the second item that you mentioned on the agenda. Am I --

MR. HEALD: It's on that same sheet. You're talking about that uneconomical remainder?

MR. JOHNSON: Yes. You have one in Dallas County -- oh, it says two tracts of land.

MR. HEALD: When you go to the description in the background information it's at the third paragraph under background information.

MR. JOHNSON: Thank you.

MR. HEALD: Eminent Domain Proceedings, request for eminent domain proceedings on noncontrolled and controlled access highways, and there again, there's a list there for your review.

And Mr. Chairman, that completes the routine minute orders.

MR. JOHNSON: Any questions?

MR. NICHOLS: I had one comment, really; I didn't have a question. It has to do with 8(b) Load Zones and the minute orders which is a routine. Every month we have bridge inspectors inspect bridges across the state, determine that they don't hold certain weights and they post them -- and that's what we approve is for the formal posting -- to restrict the weights of the trucks crossing those bridges because they're not safe.

Under separate law currently in Texas someone can get a permit -- we refer to it as a 2060 permit -- which turns around and almost negates the rule we pass which allows a 50- or a 60- or an 80,000 pound truck to cross a 15- or 20,000 pound bridge. It's almost a paradox, very unsafe.

And I just want to make a point that the session is coming up and that we think we have solved, from an industry standpoint, the problem of getting to the areas that they need to through this but are requesting the legislature to consider restricting the prohibition of heavy weights going over these posted bridges. So even though we vote to approve this, we have a method where people can cross them.

Other than that, I move we accept these.

MR. LANEY: Seconded.

MR. JOHNSON: Excellent observation, Robert.

There's a motion and a second. All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you.

MR. HEALD: We are asking you to call for an executive session.

MR. JOHNSON: Prior to doing that, I want to recognize somebody in the audience. I have a very able and understanding partner, and I would like for Ann Johnson to stand up and be recognized. Thank you.

(Applause.)

MR. JOHNSON: She is a school teacher and most months is unable to attend, and I encouraged her to come see what goes on at these meetings, and I'm glad that she was able to do that.

MR. LANEY: She'll never come back.

(General laughter.)

MR. JOHNSON: Is that the voice of experience? At this time the meeting will be recessed for the commission to meet in executive session pursuant to notice as given in the meeting agenda filed with the Office of Secretary of State.

(Whereupon, at 9:41 a.m., the meeting was recessed, to reconvene following the executive session.)

MR. JOHNSON: This meeting of the Texas Transportation Commission is hereby reconvened. The commission has concluded its executive session with no action being taken on any matter.

If there is no further business to come before the commission, I will entertain a motion to adjourn.

MR. NICHOLS: So moved.

MR. LANEY: Seconded.

MR. JOHNSON: We will stand adjourned at 10:43 a.m.

(Whereupon, at 10:43 a.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: December 14, 2000

I do hereby certify that the foregoing pages, numbers 1 through 35, 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.

                         12/18/00
(Transcriber) (Date)

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