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January 26, 2006 438 These Are the Minutes of the Regular Meeting

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January 26, 2006 438 These Are the Minutes of the Regular Meeting January 26, 2006 438 These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on January 26, 2006, in Conroe, Texas. The meeting opened at 9:14 a.m. with the following commissioners present: Texas Transportation Commission: Ric Williamson Chair John Johnson Commissioner Hope Andrade Commissioner Ted Houghton, Jr. Commissioner Administrative Staff: Michael W. Behrens, Executive Director Steve Simmons, Deputy Executive Director Richard Monroe, General Counsel Roger Polson, Executive Assistant to the Deputy Executive Director Registration sheets listing others in attendance are on file with the Texas Department of Transportation Chief Minute Clerk. A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 2:40 p.m. on January 18, 2006, as required by Chapter 551, of the Government Code, referred to as “The Open Meetings Act.” Receive comments from area public officials, community and civic leaders, and private citizens. Report by the Houston District. The commission received comments from Senator Todd Staples; Houston District Engineer Gary Trietsch; Montgomery County Judge Alan Sadler; and Conroe Mayor Tommy Metcalf. ITEM 1. Approval of Minutes of the December 15, 2005, regular meeting of the Texas Transportation Commission Commissioner Johnson made a motion, seconded by Commissioner Houghton, and the commission approved the minutes of the December 15, 2005, regular meeting of the Texas Transportation Commission. ITEM 2. AVIATION Various Counties – Approve funding for airport improvement projects at various locations Commissioner Houghton made a motion, seconded by Commissioner Johnson and the commission approved the following minute order presented by Aviation Division Director David Fulton: January 26, 2006 439 110376 The Texas Department of Transportation (department) is authorized under AVN Transportation Code, Chapter 21 and Chapter 22, to assist in the development and establishment of airports in the State of Texas. The airports listed in Exhibit A are currently in need of improvements to preserve the airports or to meet standards. Due to the interest on the part of the airport sponsors, the department recommends that the improvements be funded. On Wednesday, December 14, 2005, a public hearing was held and no comments were received. IT IS THEREFORE ORDERED by the Texas Transportation Commission that the executive director, or the director’s designee, is authorized to enter into any necessary agreements to fund, through the Aviation Facilities Grant Program, the projects described in Exhibit A at an estimated cost of $7,099,359. Note: Exhibit A on file with minute order clerk. ITEM 3. PUBLIC TRANSPORTATION a. Award FY 2006 Federal §5310, Elderly and Persons with Disabilities Program, funds to transportation operators serving the elderly and persons with disabilities The commission received comments from Texas Transit Association Executive Director Ben Herr in favor of all 3 public transportation items. Commissioner Andrade made a motion, seconded by Commissioner Johnson and the commission approved the following minute order presented by Public Transportation Division Director Eric Gleason: 110377 The Texas Transportation Commission (commission) takes special note of its PTN designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, Formula Grants and Loans for Special Needs of Elderly Individuals and Individuals with Disabilities (49 U.S.C. §5310), in a letter dated June 13, 2002; and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that grant funds are distributed fairly and equitably within the state. Title 43, Texas Administrative Code, §31.31(g) establishes a formula by which §5310 program funds shall be distributed. Projects in Exhibit A will be matched with local funds. On August 10, 2005, President George W. Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU authorizes the federal surface transportation programs for highways, highway safety, and transit for the 5-year period 2005-2009. On November 30, 2005, President George W. Bush signed the federal appropriations act into law that provides funding for all surface transportation programs of the U.S. Department of Transportation, through September 30, 2006. January 26, 2006 440 The distribution of the FY 2006 allocation, including unobligated funds from previous grants, is shown in Exhibit A and has been calculated in accordance with the provisions of §31.31(g). The apportionments and allocations published are subject to a one percent rescission in the FY 2006 Defense Appropriations Act. FTA will publish a revised notice to implement any rescission. Should the rescission affect the FY 2006 apportionment, the allocations will be adjusted on a pro rata district level based on the formula in 43 TAC §31.31(g). Districts will then adjust transit agency allocations in accordance with the priorities established in the Section 5310 district program of projects. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director’s designee is directed to proceed with the allocations as described in Exhibit A, submit the necessary application to FTA and enter into the necessary contracts for the FY 2006 program of projects. IT IS FURTHER ORDERED that the executive director or the director’s designee is directed to issue contracts in accordance with the priorities established in this minute order. Note: Exhibit A on file with minute order clerk. b. Award FY 2006 Federal §5311, Nonurbanized Area Formula Program, funds to rural transportation operators providing rural public transportation Commissioner Houghton made a motion, seconded by Commissioner Andrade and the commission approved the following minute order presented by Public Transportation Division Director Eric Gleason: 110378 The Texas Transportation Commission (commission) takes special note of its PTN designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, “Formula Grant Program for Areas Other than Urbanized” (49 U.S.C. §5311), in a letter dated June 13, 2002; and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that these grant funds are distributed fairly and equitably within the state. Title 43, Texas Administrative Code (TAC), §31.36(g) establishes a formula by which §5311 program funds shall be distributed to the nonurbanized areas of the state. On August 10, 2005, President George W. Bush signed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA- LU authorizes the federal surface transportation programs for highways, highway safety, and transit for the 5-year period 2005-2009. On November 30, 2005, President George W. Bush signed the federal appropriations act into law that provides funding for all surface transportation programs of the U.S. Department of Transportation, through September 30, 2006. January 26, 2006 441 The distribution of the FY 2006 allocation, including unobligated funds from previous grants, is shown in Exhibit A and has been calculated in accordance with the provisions of §31.36(g). The apportionments and allocations published are subject to a one percent rescission in the FY 2006 Defense Appropriations Act. FTA will publish a revised notice to implement any rescission. Should the rescission affect the FY 2006 apportionment, the Commission Discretionary Funds allocation shown in Exhibit A will be adjusted in accordance with the formula in 43 TAC §31.36(g) (3). Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director’s designee is directed to proceed with the allocations as described in Exhibit A, submit the necessary application to FTA and enter into the necessary contracts for the FY 2006 program of projects. IT IS FURTHER ORDERED by the commission that the executive director or the director’s designee is directed to issue contracts in accordance with the priorities established in this minute order. Note: Exhibit A on file with minute order clerk. c. Award federal funds to urban and rural transportation operators for the replacement of public transportation vehicles Commissioner Johnson made a motion, seconded by Commissioner Andrade and the commission approved the following minute order presented by Public Transportation Division Director Eric Gleason: 110379 The Texas Transportation Commission (commission) approved Minute Order PTN 108412, which authorized flexible federal funding of $5 million annually for fiscal years 2001-2004 ($20 million) to purchase replacement vehicles for small urban and rural transit systems. The Texas Department of Transportation (department) retains designated recipient status in administering any grants that may result from the
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