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AGENDA

TEXAS TRANSPORTATION COMMISSION

125 East 11th Street Austin, Texas 78701-2483

THURSDAY

March 25, 2010 9:00 A.M. CONVENE MEETING 1. Approval of Minutes of the February 24 special meeting, February 24 workshop and February 25, 2010 regular meeting of the Texas Transportation Commission. 2. Aviation a. Calhoun County – Award federal grant funding for an airport improvement project in Calhoun County (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. The airport listed in Exhibit A is eligible for award of these grant funds. b. Approval of the Texas Airport System Plan (MO) The Texas Airport System Plan update is the culmination of the Aviation Division's ongoing aviation planning efforts. The update discusses the goals of the airport system, which airports are included, what roles they play, forecasted activity levels, and the costs of development. The plan identifies the airports that are considered vital to meeting the goal of providing adequate statewide air transportation access.

INTERNET ADDRESS:http://www.txdot.gov

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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3. Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 24 – Trans-Texas Corridor (MO) Repeal of §24.13, Corridor Planning and Development (Development of Facilities) As a result of the rule proposed in October that provides changes to §15.9, relating to corridor advisory committees, and the addition of new §15.10, relating to corridor segment advisory committees, §24.13 is unnecessary and this rule proposes the repeal of that section. (2) Chapter 26 – Regional Mobility Authorities (MO) New §26.56, Required Internal Ethics and Compliance Program (Miscellaneous Operation Provisions) The proposed rule change requires Regional Mobility Authorities to adopt internal ethics and compliance programs that satisfy the requirements of §1.8 of the commission's rules. (3) Chapter 31 – Public Transportation (MO) New §31.39, Required Internal Ethics and Compliance Program (Program Administration) The proposed rule change states that, in order to be eligible to receive state or federal public transportation funds from or through the department, specified entities must adopt an internal ethics and compliance program that satisfies the requirements of §1.8 of the commission's rules. b. Proposed Adoption (to be published in the Texas Register for public comment) Chapter 28 – Oversize and Overweight Vehicles and Loads (MO) Amendments to §28.100, Purpose, §28.101, Responsibilities, and §28.102, Permit Issuance Requirements and Procedures (Chambers County Permits); Amendments to §28.111, Applicability (Compliance); and Amendments to §28.201, Investigations and Inspections of Records, and §28.202, Records (Records and Inspections) These amendments will incorporate statutory provisions for the issuance of oversize and overweight vehicles and loads pursuant to requirements HB 4594 (Chambers County Permits) and will clarify the statutory requirement regarding weight limitations, and make changes to existing procedures to reflect standard industry practice for maintaining records. 4. Contested Case Wilbarger County – Texas Outdoor Advertising v. Texas Department of Transportation – Consider action on administrative law judge proposal for decision concerning cancellation of an outdoor advertising permit, final order (MO) Consider issuing order denying the petition challenging the cancellation of Outdoor Advertising Permit No. 33925 held by Texas Outdoor Advertising and removal of the non-complying sign, located on Highway 287 in Wilbarger County near Vernon, Texas, at no cost to the state of Texas within 90 days after the order is final, based on recommendation by State Office of Administrative Hearings and the Office of General Counsel that there were violations of department rules.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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5. Audit Subcommittee Approval of the charter of the Texas Transportation Commission Audit Subcommittee (MO) The Audit Subcommittee was created to oversee and ensure compliance with the intent of Sarbanes-Oxley as to the reliability and transparency in financial reporting, as well as to ensure the independence of the department’s internal audit program by providing oversight of the internal auditor and evaluating implementation of audit recommendations. The charter sets out the purpose and composition of the Subcommittee, as well as meeting requirements and principal duties and responsibilities of the Subcommittee in carrying out its oversight role. 6. Regulation of Outdoor Advertising Create a Rulemaking Advisory Committee to advise the department on specific issues concerning the current rules regarding the outdoor advertising program for both the primary and rural road systems and authorize the executive director to appoint the members of the committee (MO) This minute order authorizes the creation of a rulemaking advisory committee to assist the department in addressing issues in the current rules regarding the primary and rural road outdoor advertising programs. The committee will be discussing issues such as a new fee structure, permit application and renewal process, maintenance and repair of existing billboards, limitations on nonconforming billboards, what qualifies as an unzoned commercial or industrial area, what qualifies as a business activity, and relocation provisions. The committee members will be appointed by the executive director and will represent the regulated outdoor advertising industry, scenic organizations, local authorities, land owners, and the general public. 7. Proposed Federal Economic Stimulus Legislation - Deferred Approve transportation projects to be funded from Texas’ portion of the second federal economic stimulus legislation Congress is currently considering a second enomic stimulus package that will provide for investment in transportation infrastructure projects. This agenda item will allow the commission to approve a list of specific projects across the state to be funded from the program, in the event that such legislation is passed by the date of this meeting. 8. Proposition 14 Bonds Various Counties – Approval of additional projects to be funded with the proceeds of State Highway Fund revenue bonds issued under Transportation Code, Section 222.003 (Proposition 14 Bonds) (MO) The commission is adding additional mobility projects to the list of previously approved projects. Funds are available for these additional projects due to lower than estimated bids in other approved projects. 9. Toll Road Project Travis and Williamson Counties – Accept the Report of Actual Traffic and Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the Central Texas Turnpike System (CTTS) as of February 28, 2010, as required by the CTTS Indenture of Trust.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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10. Unified Transportation Program - Deferred Approve the 2010 Unified Transportation Program (Draft UTP) (UTP Discussion) The UTP is an 11-year statewide plan for transportation project development. This minute order approves the 2010 UTP for fiscal years 2010-2020. 11. Obligation Limit Report Status report on the FY 2010 Obligation Limit and report on the actual obligations utilized through March 2010 and proposed remaining highway maintenance and construction contract letting for the fiscal year. This report will provide the current overall obligation status, by district, of the FY 2010 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. 12. Environmental Restriction Oldham County – Authorize the executive director to execute a deed notice restricting the use of a portion of the property at the department’s Vega Maintenance Office, 606 West Vega Boulevard (US 66 East), Vega, Texas to commercial/industrial purposes only (MO) To mitigate the release of contaminants at the Vega maintenance facility, the department desires to enter into an environmental covenant restricting the use of the affected property to commercial/industrial purposes only. The affected property meets Texas Commission on Environmental Quality standards for commercial/industrial use. The contaminant concentrations pose no significant present or future risk to humans or the environment based on commercial/industrial land use. This would be the department’s first use of new legislation allowing the department to enter into an environmental covenant for the purpose of subjecting real property in which the department has an ownership interest to a plan or the performance of work for environmental remediation. 13. Contracts a. Award or Reject Highway Improvement Contracts Proposed MO will conditionally award contract(s) to low bidders allowing the department to enter into contract(s) for highway improvements, or reject all bids for select projects, allowing the department to re-bid those projects. Conditions required for award may include securing of funding from other sources and the contractor's ability to meet federal DBE contracting requirements. (1) Highway Maintenance and Department Building Construction (see attached itemized list) (MO) (2) Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO) 14. Routine Minute Orders a. Donations to the Department (1) Bryan District – Consider a donation from Love’s Travel Stops & Country Store, Inc. for the construction of traffic signals and turn lanes at the intersection of US 79/SH 6 and FM 485 in Hearne (MO) These improvements will provide better traffic flow and a safer intersection when the truck stop is constructed.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

MINUTE ORDERS CAN BE ACCESSED BY SELECTING THE LINK (BLUE MO) AT THE END OF THE SPECIFIC AGENDA ITEM

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14. Routine Minute Orders (continued) a. Donations to the Department (2) Bryan District – Consider a donation from Luminant Power-Oak Grove Plant for the construction of two sign mounted, solar-powered flashing beacons on truck crossing signs, and for an overhead flashing beacon at the power plant entrance intersection with FM 979 in Robertson County (MO) Luminant has requested the flashing beacons to help warn the driving public about the traffic that is entering/exiting FM 979 to their power plant. (3) Traffic Operations Division –Consider a donation from the Lifesavers Conference, Inc. for one staff member’s travel expenses to attend the Lifesavers Conference in Philadelphia, PA on April 11 – 13, 2010 (MO) Lifesavers is the premier national highway safety meeting in the United States dedicated to reducing the tragic toll of deaths and injuries on our nation’s roadways. b. Eminent Domain Proceedings Various Counties – noncontrolled and controlled access highways (see attached itemized list) (MO) Commission findings, determinations, and authorizations for the state to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list, for which negotiations with the property owners were unsuccessful. c. Highway Designations (1) Brazoria County – Extend the designation of FM 528 along a new location to SH 6 (MO) Local officials have requested that the designation of FM 528 be extended along a new location from its present terminus of Business SH 35-C to a new terminus at SH 6, a distance of approximately 0.9 mile. (2) Chambers County – Extend the designation of FM 1409 along a new location from FM 565 in Old River-Winfree, southward to FM 565 west of Cove (MO) Local officials have requested that the designation of FM 1409 be extended along a new location from FM 565 in Old River-Winfree, southward to FM 565 west of Cove, a distance of approximately 4.6 miles. (3) Gaines County – Designate Telephone Road and a segment of CR 402 as FM 1788, from US 385 south of Seminole southward to FM 1788 (MO) The Lubbock District has requested the designation of Telephone Road and a segment of CR 402 on the state highway system as FM 1788 from US 385 south of Seminole southward to FM 1788, a distance of approximately 11.2 miles. (4) Wood County – Redesignate FM 564 as SL 564 around the city of Mineola (MO) Local officials have requested that Farm to Market 564 be redesignated as SL 564 around Mineola, a distance of approximately 9.8 miles.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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14. Routine Minute Orders (continued) d. Load Zones & Postings Camp, Milam and Maverick Counties – Revise load restrictions on various bridges on the state highway system (MO) This minute order authorizes the placement, revision, or removal of load postings on various bridges on the state-maintained highway system. e. Right of Way Dispositions and Donations The commission must approve the sales, transfers and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Aransas County – Business SH 35L, east side, south of Rockport – Consider the exchange of drainage easements (MO) The owner of the property desires to relocate the drainage facility to better accommodate proposed development of the property. The district has determined that the drainage facility may be relocated, and the owner has granted a new drainage easement in exchange for the existing drainage easement. (2) Bexar County – FM 1535 at Manton Lane in Castle Hills – Consider the quitclaim of surplus right of way to the county (MO) The district has determined that the surplus land is no longer needed for a state highway purpose. The land was acquired in the county’s name, and the county has requested that it be quitclaimed to the county. (3) Denton County – FM 423 from Stewart Creek Road to SH 121 – Consider the acceptance of a donation of land for a highway improvement project (MO) This property is being donated to the department for the improvement of FM 423 as part of a condemnation settlement. An additional parcel with similar ownership will be purchased at an agreed price. The real property to be donated is valued at more than $500. (4) Lamar County – FM 3298 at County Road 4320 – Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The county has no interest in acquiring it, and it may be sold to the abutting landowner. (5) Medina County – US 90 at Lower LaCoste Road in Castroville – Consider the quitclaim of surplus right of way to honor a reversionary clause (MO) The city granted an easement to the state for a park and ride facility in 1980. The instrument contained a clause to the effect that if the facility is no longer needed and maintained by the state, then the property reverts to the city. The facility has now been relocated, and the city has requested that the reversionary clause be honored and that the original park and ride property be quitclaimed to the city. (6) Panola County – FM 1794 west of FM 959 – Consider the sale of surplus right of way to an abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The county has no interest in acquiring it. There are three owners of property abutting the surplus land. Two have declined to acquire it, and it may be sold to the abutting landowner making the request.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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14. Routine Minute Orders (continued) e. Right of Way Dispositions and Donations (7) Rains County – SH 19 at Rhodes Drive in Emory – Consider the amendment of MO 108825, passed February 28, 2002, to provide for the correction of the description of a surplus maintenance site (MO) The district has determined that the description of the surplus site omitted land that should have been included. This minute order will correct the omission. (8) Upton County – South Orient Railroad, Benedum Plant Spur, near FM 1555 and east of FM 2594 – Consider the sale of surplus railroad land (MO) The district has determined that the railroad land is no longer needed for department purposes and recommends that it be declared surplus. The county was not interested in acquiring the land and it was offered to the general public. As a result of advertising the sale, a successful bidder has been identified. f. Release of Access Rights Navarro County – I-45 northbound frontage road at Regal Drive – Consider the designation of a location on the I-45 northbound frontage road in Corsicana at which access for the City of Corsicana is permitted for the purpose of realigning Regal Drive, a city street, to a new location along the northbound frontage road (MO) The I-45 northbound frontage road is a controlled access facility and the City of Corsicana is requesting realignment of existing Regal Drive to a new location on the frontage road. The prior location of access for this city street will be closed. g. Speed Zones Various Counties – Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. h. Traffic Operations Chambers County – Authorize temporary one-way operation on FM 565 (MO) Authorize temporary one-way operations on FM 565 for the 2010 O’Reilly National Hot Rod Assoc. Spring Nationals and 2010 Pinks All Out Racing Events at the Houston Raceway Park. 15. Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 – Consultation with and advice from legal counsel regarding any item on this agenda b. Section 551.074 – Deliberation of the employment and duties of a person who would be responsible for implementing changes that result from the independent management and organizational review of the department OPEN COMMENT PERIOD – At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the commission. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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ADJOURN * * *

NOTE: Enumerated agenda items are assigned numbers for ease of reference only, and will not necessarily be considered by the commission in that particular order. Items identified with (MO) for minute order are those upon which the commission is considering an action. Persons with special needs or disabilities who plan to attend this meeting and require auxiliary aids or services are requested to contact Dee Hernandez at (512) 305-9536 at least three working days prior to the meeting so that appropriate arrangements can be made.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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TEXAS TRANSPORTATION COMMISSION MEETING ATTACHED LISTS

March 25, 2010 HIGHWAY MAINTENANCE AND BUILDING CONSTRUCTION CONTRACTS-STATE LET AGENDA ITEM 13.a.(1) COUNTY HIGHWAY CONTROLLING DIST NAME NUMBER PROJECT NO. ABL HOWARD US 87 BPM – 605469001 AMA SHERMAN US 54 BPM – 620681001 ATL HARRISON US 59 RMC – 620571001 AUS BASTROP FM 812 RMC – 620610001 BMT JEFFERSON IH 10 RMC – 620553001 BMT JEFFERSON US 69 BPM – 620485001 BMT LIBERTY SH 61 RMC – 620444001 BRY WALKER FM 1696 RMC – 620155001 CRP JIM WELLS BU 281R RMC – 619522001 CRP NUECES IH 37 RMC – 620148001 CRP NUECES SH 361 RMC – 619378001 HOU HARRIS IH 10 RMC – 620625001 HOU WALLER US 290 RMC – 620659001 LRD MAVERICK FM 3443 RMC – 620463001 PAR DELTA PW 8154 RMC – 617099001 PAR GRAYSON SH 11 RMC – 620336001 PAR GRAYSON US 75 RMC – 619550001 PHR HIDALGO US 83 RMC – 620740001 SJT KIMBLE RM 1674 RMC – 620774001 SJT SUTTON IH 10 RMC – 620586001

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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(CONTINUED) HIGHWAY MAINTENANCE AND BUILDING CONSTRUCTION CONTRACTS-STATE LET AGENDA ITEM 13.a.(1) COUNTY HIGHWAY CONTROLLING DIST NAME NUMBER PROJECT NO. SAT GUADALUPE FM 20 RMC – 620194001 SAT GUADALUPE FM 758 RMC – 619518001 WAC HILL FM 2959 RMC – 620735001 WAC MCLENNAN SH 6 RMC – 620732001 YKM COLORADO FM 155 RMC – 620649001 HIGHWAY AND TRANSPORTATION ENHANCEMENT BUILDING CONSTRUCTION CONTRACTS - STATE LET AGENDA ITEM 13.a.(2) COUNTY HIGHWAY CONTROLLING DIST NAME NUMBER PROJECT NO. ABL CALLAHAN IH 20 STP 2010(602)ES ABL HOWARD US 87 NH 2010(603) ABL MITCHELL IH 20 STP 2010(601)HES AMA RANDALL LP 335 STP 2009(714)ES ATL BOWIE SH 8 STP 2010(604)SB ATL CASS VA STP 2010(605)ESTE AUS BLANCO US 290 NH 2010(415) AUS GILLESPIE US 290 BR 2010(607) AUS HAYS IH 35 STP 2010(314)ES AUS HAYS LP 82 STP 2010(611) AUS TRAVIS FM 1327 STP 2010(616)SB AUS TRAVIS FM 969 STP 2010(614)SB AUS TRAVIS LP 275 STP 2010(606) AUS TRAVIS RM 1431 CC 1378-1-29 AUS TRAVIS SH 71 STP 2010(613) AUS TRAVIS US 290 NH 2010(608) AUS TRAVIS US 290 NH 2010(609) AUS WILLIAMSON BU 79-B NH 2010(610) AUS WILLIAMSON RM 620 STP 2010(612) BMT LIBERTY CS STP 2010(709)ES BMT NEWTON SH 87 STP 2010(617) * Project numbers with an xxxx(xxx)ES, in the suffix denotes ARRA projects.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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(CONTINUED) HIGHWAY AND TRANSPORTATION ENHANCEMENT BUILDING CONSTRUCTION CONTRACTS - STATE LET AGENDA ITEM 13.a.(2) COUNTY HIGHWAY CONTROLLING DIST NAME NUMBER PROJECT NO. BWD EASTLAND IH 20 IM 0203(078) BRY FREESTONE US 84 STP 2010(618)HES BRY WALKER CR BR 99(393) CRP NUECES CR BR 2004(8) CRP NUECES CS BR 2004(6) DAL COLLIN VA STP 2010(621) DAL DALLAS IH 635 IM 0635(419) DAL DALLAS VA STP 2010(620) FTW JOHNSON US 67 STP 2010(558)ES FTW PARKER FM 1189 STP 2010(625) FTW TARRANT BU 287P STP 2009(799)SB FTW TARRANT BU 287P STP 2010(703) FTW TARRANT FM 1187 STP 2010(399)ES FTW TARRANT FM 1709 STP 2010(500)HES FTW TARRANT SH 183 NH 2010(704) FTW TARRANT US 287 STP 2010(624)MM FTW WISE US 380 NH 2010(623) HOU FORT BEND CS STP 2009(792)ES HOU FORT BEND FM 762 STP 2010(628) HOU FORT BEND VA STP 2010(303)ES HOU HARRIS CS STP 2010 (673)ES HOU HARRIS CS STP 99(550)ES HOU HARRIS CS BR 2006(742) HOU HARRIS FM 529 STP 2010(630)HES HOU HARRIS VA STP 2009(706)ES HOU HARRIS VA CM 2009(631) HOU HARRIS VA STP 2008(265)MM HOU MONTGOMERY IH 45 STP 2010(629)ES LBB LUBBOCK VA STP 2010(632) * Project numbers with an xxxx(xxx)ES, in the suffix denotes ARRA projects.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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(CONTINUED) HIGHWAY AND TRANSPORTATION ENHANCEMENT BUILDING CONSTRUCTION CONTRACTS - STATE LET AGENDA ITEM 13.a.(2) COUNTY HIGHWAY CONTROLLING DIST NAME NUMBER PROJECT NO. LFK POLK US 190 STP 2010(633)HES LFK SAN AUGUSTINE FM 83 BR 2010(635) LFK SHELBY FM 1970 STP 2010(634)SB LFK SHELBY FM 2787 STP 2010(636)HES PHR CAMERON SH 550 STP 2009(662)ES PHR HIDALGO BU 83-S STP 2010(580)ES PHR HIDALGO CS STP 2005(982)ESMM PHR HIDALGO US 83 STP 2009(785)ES SJT KIMBLE FM 2169 STP 2010(484)ES SJT TOM GREEN US 67 STP 2009(745)ES SAT BANDERA SH 16 STP 2010(637)SB SAT KERR SH 173 STP 2010(638)SB TYL GREGG SP 502 STP 2010(698)ES TYL SMITH US 69 STP 2010(639) TYL WOOD FM 69 STP 2010(641)SB TYL WOOD FM 779 STP 2010(640)SB WAC BELL FM 3219 STP 2010(645)HES WAC CORYELL FM 116 STP 2010(644)HES WAC HILL FM 309 STP 2010(641)SB WAC LIMESTONE FM 73 STP 2010(643)SB WAC MCLENNAN FM 3476 STP 2010(545)ES WFS MONTAGUE FM 455 STP 2010(648)SB WFS WICHITA CS STP 2010(651)HES WFS WICHITA VA STP 2010(649) WFS WICHITA VA STP 2010(650) WFS WILBARGER US 287 NH 2010(647) YKM FAYETTE SH 71 STP 2010(653)HES YKM VICTORIA US 87 STP 2010(652)ES * Project numbers with an xxxx(xxx)ES, in the suffix denotes ARRA projects.

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

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EMINENT DOMAIN - [AGENDA ITEM 14.b.] NONCONTROLLED ACCESS COUNTY HIGHWAY EXHIBIT ACCOUNT PARCEL Bell SH 317 4 0398-04-064 27 Bell SH 317 3 0398-04-064 12 Collin SH 5 2 0047-05-049 1 Dallas SL 12 5 0581-02-115 83 Denton FM 423 1 1567-02-030 86 Moore US 87 6 0425-02-030 13 CONTROLLED ACCESS COUNTY HIGHWAY EXHIBIT ROW CSJ NO. PARCEL Caldwell SH 130 G 3583-01-002 1626B Denton SH 114 A 0353-02-066 8 & 8E McLennan IH 35 F 0014-09-096 21 McLennan IH 35 E 0014-09-096 19 McLennan IH 35 D 0015-01-219 48TE Rockwall IH 30 C 0009-12-076 20A Rockwall IH 30 B 0009-12-076 20B

Note: Italicized descriptions are provided for informational purposes and are not part of the official posted meeting agenda.

MINUTE ORDERS CAN BE ACCESSED BY SELECTING THE LINK (BLUE MO) AT THE END OF THE SPECIFIC AGENDA ITEM