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The commission may authorize the executive director to negotiate the financial terms of a potential pass-through agreement under this subchapter or, if the proposer is a private entity, authorize the department to solicit competitive proposals under §5.56 of this subchapter, after considering: (1)the proposer's proposed financial contribution to the project from sources other than the department, in relation to total project cost; (2)the geographic area affected; (3)local public support for the project; (4)for a highway project, whether the project is included in the department's Unified Transportation Program; (5)the extent to which the project will relieve congestion on the state highway system; (6)the potential safety benefit that may be derived from the project; (7)potential benefits to regional air quality that may be derived from the project; (8)the compatibility of the proposed project with existing and planned transportation facilities; (9)the extent to which the project will close gaps in the state transportation system; (10)whether the entity has or intends to designate a contiguous geographic area in the jurisdiction of the entity as a transportation reinvestment zone under Transportation Code, Chapter 222, Subchapter E, if the proposer is a public entity; (11)the proposer's proposed amount and period for department reimbursement and proposed pass-through payment schedule; (12)the economic development potential in the area; (13)the financial strength of the proposer; (14)whether the project is part of a hurricane evacuation route; (15)whether the project has application to a military base realignment or closure; (16)the experience of the proposer in developing similar transportation projects; and (17)the relationship of the proposed project to stated commission goals.
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 October 31, 2008
TRD-200805754 Bob Jackson
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 14, 2008
For further information, please call: (512) 463-8683
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