Section 5.57 - Final Approval(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) identification of the one or more categories of project costs, as described by § 5.53(a)(11) of this subchapter, that the department will reimburse;(3) 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;(4) allocation of responsibility for all significant work to be performed, including environmental documentation, right of way acquisition, utility adjustments, engineering, construction, and maintenance;(5) provision for the collection and use of toll or other revenues, if applicable;(6) all provisions required by state or federal law;(7) a map showing the location of the project;(8) a proposed project schedule;(10) deadlines for key stages of project development;(11) procedures and timelines for the submission of materials and for approvals;(12) for a local government, a copy of the resolution or ordinance authorizing execution of the agreement;(13) provisions for termination of the agreement; and(14) 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.43 Tex. Admin. Code § 5.57
The provisions of this §5.57 adopted to be effective February 19, 2009, 34 TexReg 1100