(a)Authorization to negotiate final agreement. The executive director will submit to the commission a summary of the final financial terms of a proposed pass-through agreement. The final financial terms may consist of specific payment terms and schedules or may consist of a range of acceptable parameters. The commission may authorize the executive director to negotiate and execute a final agreement only if it finds that: (1)the project serves the public interest and not merely a private interest; (2)the proposed pass-through agreement is in the best interest of the state; (3)the project is compatible with existing and planned transportation facilities; and (4)the project furthers state, regional, and local transportation plans, programs, policies, and goals. (b)Contents of pass-through agreement. Before any work is done for which reimbursement will be requested through a pass-through toll or fare, the department and the public or private entity shall execute a pass-through agreement containing, at a minimum, the following: (1)identification of the scope and nature of the work to be performed; (2)all financial terms, as applicable, including the levels of pass-through tolls or fares, maximum and minimum periodic payments, and maximum and minimum total payments; (3)allocation of responsibility for all significant work to be performed, including environmental documentation, right of way acquisition, utility adjustments, engineering, construction, and maintenance; (4)provision for the collection and use of toll or other revenues, if applicable; (5)all provisions required by state or federal law; (6)a map showing the location of the project; (7)a proposed project schedule; (8)an estimated budget; (9)deadlines for key stages of project development; (10) [(9)] procedures and timelines for the submission of materials and for approvals; [and] (11) [(10)] for a local government, a copy of the resolution or ordinance authorizing execution of the agreement;[.] (12)provisions for termination of the agreement; and (13)if applicable, a copy of the order, resolution, or ordinance designating a contiguous geographic area in the jurisdiction of a public entity as a transportation reinvestment zone under Transportation Code, Chapter 222, Subchapter E.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and
found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 28, 2007
TRD-200704558 Bob Jackson
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: November 11, 2007
For further information, please call: (512) 463-8683
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