d TEXAS TRANSPORTATION COMMISSION VARIOUS Counties MINUTE ORDER Page 1 of 1 VARIOUS s Transportation Code, 201.206, authorizes the Texas Department of Transportation (department) to accept a donation in any form, including realty, personalty, money, materials, and services, for the purpose of carrying out its functions and duties. Government Code, Chapter 575, requires the governing board of a state agency to acknowledge the acceptance of a donation valued at $500 or more by majority vote at an open meeting, not later than the 90th day after the date the donation is accepted. It also prohibits a state agency from accepting a donation from a person who is a party to a contested case before the agency until the 30th day after the date the decision in the case becomes final. Transportation Code, 223.049 authorizes the department to contract with an owner of land adjacent to a highway that is part of the state highway system to construct an improvement on the highway right of way that is directly related to improving access to or from the owner s land. The Texas Transportation Conmiission (commission) has adopted 43 TAC 1.500-1.506, which relate to the department s acceptance of donations. Section 1.503 authorizes the executive director to approve acceptance of donations to the department and requires that donations valued at $500 or more must be acknowledged by order of the commission not later than the 90th day after the date the donation is accepted by the department. It further prohibits acceptance of a gift or donation when the donor is subject to department regulation or oversight or when the donor is interested in or likely to become interested in any contract, purchase, payment, or claim with or against the department, except as provided by that section. It also provides that the executive director may approve the acceptance of a donation, notwithstanding the foregoing proscriptions in the rules, if the executive director determines that acceptance would provide a significant public benefit and would not influence or reasonably appear to influence the department in the performance of its duties. The executive director found that the donations identified on the attached Exhibit A were in compliance with the provisions of 43 TAC 1.500-1.506, Government Code, Chapter 575, Transportation Code, 201.206, and Transportation Code, 223.049. IT IS THEREFORE ORDERED by the commission that it acknowledges the acceptance of the donations identified on the attached Exhibit A. Sub ei,?e. by: R omme Dig fcontract Se ces Office Executive D ector 30C12915 Minute Number Date Passed
EXHIBIT A DONATIONS 1 210 Development Group, LLC 2 Austin Cops for Charities 3 Fikes Wholesale, Inc. 4 H. E. Butt Grocery Company Tyler Travis & Hays Smith The donor is donating the design and construction of right-of-way improvements on FM 306 from 0.10 mile east of FM 2673 to 0.36 mile east of FM 2673 in County outside of New Braunfels, Texas. Improvements consist of the addition of left turn and right turn lanes, shoulder improvements, relocation of an existing driveway for Whitewater Amphitheater, and relocation of an existing roadside flashing signal. All design and construction work shall be provided by the contractor, its consultant or its contractor. The estimated value of the donation is $167,000. US 290 designated as the Lieutenant Clay Crabb Memorial Highway in Travis and Hays Counties. The design, fabrication, and installation of the signs will be performed by the State. The estimated value of the donation is $3,450. The donor is donating the design and construction of a left-turn deceleration lane from southbound US 271 and a right-turn deceleration lane from northbound US 271 into a new development in Tyler, Smith County. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $150,000, which includes the State s direct and indirect costs associated with the review, oversight, and inspection of the work that is on state right of way. The donor is donating the design and construction of: 1) a channelized left turn entry lane on FM 306; 2) a right turn lane to Longhorn Industrial Drive; 3) a traffic signal at Longhorn Industrial Drive; 4) two right turn lanes to two new commercial driveways on FM 306; and 5) two right turn lanes to two new commercial driveways on the I-35 frontage road in New Braunfels, County. All design and construction work will be provided by the donor, its consultant and its contractor. The estimated value of the donation is $550,000. $167,000 10/2/15 $3,450 9/30/15 $150,000 9/8/15 $550,000 9/10/15 October 29, 2015 Commission Meeting Page 1 Exhibit A - Donations
5 Keep Brazos Beautiful 6 Martin Marietta Materials, Inc. 7 Morris Venture Partners VI, LLC 8 Miguel Electric Cooperative, Inc. 9 Savannah Development, Ltd. Bryan Waco TP&D Houston Brazos Ellis Bell McMullen Montgomery The donor is donating 135 pounds of bluebonnet seed. The seed will be planted by TxDOT crews in the State right of way at various locations in College Station, Brazos County, TX. The value of the donation is $4,000. US 287 designated as the Chris Kyle Memorial Highway in Midlothian, Ellis County. The design, fabrication, and installation of the signs will be performed by the State. The estimated value of the donation is $2,070. deceleration lane at a new drive entrance associated with the construction of a multi-unit strip center along FM 1741 (31st Street) in Temple, Bell County, Texas. The work will be performed by the donor, its consultant, or its contractor. The estimated value of the donation is $301,000, which includes payment for the State s direct and indirect costs associated with the review, oversight, and inspection of the work that is on the state right of way. The donor is donating an amount sufficient to cover the State's costs to construct a bridge on FM 791 approximately 2.4 miles east of SH 16 in McMullen County. The State will let the project and all design and construction work will be provided by the State. The estimated value of the donation is $7,850,561. The donor is donating the design and construction of a left turn lane from northbound FM 3083 into the Laurel Ridge at Graystone Hills development in Conroe, Montgomery County, Texas. All design and construction work will be provided by the donor, its consultant, or its contractor. The estimated value of the donation is $145,500. $4,000 9/30/15 $2,070 9/14/15 $301,000 9/30/15 $7,850,561 9/30/15 $145,500 9/23/15 October 29, 2015 Commission Meeting Page 2 Exhibit A - Donations
10 SH 96 South Shore LLC 11 S.P.I. BikeFest, Inc. dba Corpus Christi BikeFest 12 Texas State Troopers Association 13 VBM New Braunfels Land, LLC 14 Wal-Mart Real Estate Business Trust Houston Waco Galveston Nueces Gregg McLennan deceleration lane from northbound SH 96 into the League City Retail Center development in League City, Galveston County, Texas. All design and construction work will be provided by the donor, its consultant, or its contractor. The estimated value of the donation is $68,000. The donor is donating one (1) inside booth valued at $400 and five (5) entries valued at $100 to the Corpus Christi BikeFest on October 9-11, 2015 at the American Bank Center in Corpus Christi, Nueces County, Texas. The value of the donation is $500. Spur 63 in Gregg County designated as the Texas Ranger Glenn Elliott Memorial Highway. The design, fabrication, and installation of the signs will be performed by the State. The estimated value of the donation is $1,265. The donor is donating the design and construction of a right turn lane from the I-35 frontage road at the intersection of a new city street and a right turn lane from the I-35 frontage road to access a right-in only commercial driveway into the donor's Nissan automobile dealership development in the City of New Braunfels, County, Texas. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $190,000. deceleration lane to the donor's proposed super center and fuel station along FM 2063 (Sun Valley Blvd.) in Hewitt, McLennan County, Texas. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $100,000, which includes payment for the State s direct and indirect costs associated with the review, oversight, and inspection of the work that is on the State right of way. $68,000 9/8/15 $500 9/30/15 $1,265 9/10/15 $190,000 9/2/15 $100,000 9/30/15 October 29, 2015 Commission Meeting Page 3 Exhibit A - Donations
15 Zachry Industrial, Inc. Yoakum Wharton The donor is donating: 1) the design, materials, and installation of a temporary traffic signal at the driveway of the donor's facilities on SH 60 in Wharton County for use during the construction of the additional electric plant unit; 2) major maintenance (i.e., damaged components) of the traffic signal while in operation; and 3), removal of the temporary traffic signal after construction is complete. All design and construction work will be provided by the Donor, its consultant or its contractor. The estimated value of the donation is $184,000. $184,000 9/30/15 October 29, 2015 Commission Meeting Page 4 Exhibit A - Donations