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(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)procedures and timelines for the submission of materials and for approvals; (11)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 adoption has
been reviewed by legal counsel and found
to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on December 14, 2007
TRD-200706365 Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: January 3, 2008
Proposal publication date: October 12, 2007
For further information, please call: (512) 463-8683
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