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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 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 January 30, 2009
TRD-200900365 Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: February 19, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 463-8683
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