These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on
Description
July 31, 2008 216 These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on July 31, 2008 in Wichita Falls, Texas. The meeting opened at 9:03 a.m. with the following commissioners present: Texas Transportation Commission: Deirdre Delisi Chair Ted Houghton, Jr. Commissioner Ned Holmes CommFred Underwood William Meadows issioner Administrative Staff: Amadeo Saenz, Jr., Executive Director Steven E. Simmons, Deputy Executive Director Bob Jackson, General Counsel Roger Polson, Executive Assistant to the Deputy Executive Director Registration sheets listing others in attendance are on file with the Texas Department of Transportation Chief Minute Clerk. A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 2:50 p.m. on July 23, 2008, as required by Chapter 551, of the Government Code, referred to as “The Open Meetings Act.” Receive comments from area public officials, community and civic leaders, and private citizens. Report by the Wichita Falls District. The commission received comments from Wichita Falls District Engineer Larry Tegtmeyer; Midwestern State University President Jesse Rogers; Chief of Staff for Senator Estes Lewis Simmons; State Representative David Farabee; Wichita County Judge Woody Gossom; Wichita Falls Mayor Lanham Lyne; and Cross Plains Rural Transportation Council Chair James Cantwell. ...
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| Publié par | Luzev |
| Nombre de lectures | 20 |
| Langue | English |
Extrait
These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on July 31, 2008 in Wichita Falls, Texas. The meeting opened at 9:03 a.m. with the following commissioners present: Texas Transportation Commission: Deirdre Delisi Chair Ted Houghton, Jr. Commissioner Ned Holmes Commissioner Fred Underwood Commissioner William Meadows Commissioner Administrative Staff: Amadeo Saenz, Jr., Executive Director Steven E. Simmons, Deputy Executive Director Bob Jackson, General Counsel Roger Polson, Executive Assistant to the Deputy Executive Director Registration sheets listing others in attendance are on file with the Texas Department of Transportation Chief Minute Clerk. A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 2:50 p.m. on July 23, 2008, as required by Chapter 551, of the Government Code, referred to as “The Open Meetings Act. Receive comments from area public officials, community and civic leaders, and private citizens. Report by the Wichita Falls District. The commission received comments from Wichita Falls District Engineer Larry Tegtmeyer; Midwestern State University President Jesse Rogers; Chief of Staff for Senator Estes Lewis Simmons; State Representative David Farabee; Wichita County Judge Woody Gossom; Wichita Falls Mayor Lanham Lyne; and Cross Plains Rural Transportation Council Chair James Cantwell. ITEM 1. Approval of Minutes26, 2008 regular meeting of the Texasof the June Transportation Commission Commissioner Holmes made a motion, seconded by Commissioner Underwood, and the commission approved the minutes of the June 26, 2008 regular meeting of the Texas Transportation Commission. ITEM 2. DISCUSSION ITEM Legislative Appropriations Request for FY 2010-2011 This item was presented by Chief Financial Officer James Bass.
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ITEM 3. PUBLIC TRANSPORTATION a.Brazoria and Galveston Counties Award Federal §5304 planning funds to the City of Galveston for a planning study regarding system consolidation (MO) Commissioner Holmes made a motion, seconded by Commissioner Meadows and the commission approved the following minute order presented by Public Transportation Division Director Eric Gleason: The Texas Transportation Commission (commission) takes special note of its designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, “State Planning and Research Programs (49 U.S.C. §5304), in a letter dated October 4, 2005. Under §5304, FTA provides funds to be used for planning and coordination projects. The commission desires to award $68,240 in §5304 funds to assist the City of Galveston in studying and identifying improvements in service delivery, cost savings, and decrease in overhead costs associated with the consolidation of two public transportation providers; City of Galveston (operating Island Transit) and Gulf Coast Center (operating Connect Transit). Transportation Code, Chapter 455 requires the Texas Department of Transportation to assist political subdivisions of this state to obtain federal aid to establish or maintain public transportation systems. Transportation Code, Chapter 456 requires the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director, or the director’s designee, is hereby authorized to proceed with the award of $68,240 in federal §5304 funds to the City of Galveston to assist the coordination project described above, notify the entity in writing of the commission’s approval, and enter the necessary contracts. b.Various Counties Award §5309 Federal Discretionary Funds and award transportation development credits to Urban and Rural Transportation Providers for the Replacement of Public Transportation Vehicles (MO) Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Public Transportation Division Director Eric Gleason: The Texas Transportation Commission (commission) takes special note of its designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, discretionary Bus and Bus Facilities Program (49 USC §5309), in a letter dated October 4, 2005; and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that these grant funds are distributed fairly and equitably within the state.
On behalf of rural transit agencies and participating urban transit agencies, the department submitted a statewide application and was awarded $11,628,120 under the FTA’s §5309 federal discretionary grant program. On December 14, 2006, the commission passed Minute Order 110771, expressing its intent to award Transportation Development Credits (TDC) that will promote public transportation capital infrastructure projects: fleet replacement, fleet expansion, maintenance facilities; and capital projects that support regional coordination. Title 43, Texas Administrative Code (TAC) §5.73 establishes the process for which TDC may be awarded at the discretion of the commission. The commission finds that the projects listed in Exhibit A are eligible for funding and desires to award $11,628,120 of federal §5309 funds and $1,624,183 in TDC to rural and participating urban transit districts for fleet replacement in accordance with TAC §31.16. All projects, including those receiving TDC awards, will reduce congestion and expand economic opportunity by improving reliable transit options thereby increasing levels of ridership, specifically for the transit dependent populations, to jobs and other related activities; enhance safety by reducing mechanical breakdowns; improve air quality by reducing emissions through technological advances; and increase the value of the transportation assets by investing into the replacement of depreciated rolling stock thus yielding savings or efficiencies which can be reinvested into additional trips. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director's designee is directed to proceed with the awards as described in Exhibit A, submit the necessary state application to the FTA and enter into the necessary contracts. Note: Exhibit A on file with minute order clerk. Note: The commission received comments from Texas Transit Association Executive Director Ben Herr. ITEM 4. PROMULGATION OF ADMINISTRATIVE RULES Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a.Final Adoption Chapter 15 Transportation Planning and Programming(MO) Amendments to §15.170, Purpose, §15.171, Definitions, §15.172, Applicability, and §15.173, State Highway Improvement Projects, (State Highway Projects Financed Through the Issuance of Bonds and Other Public Securities Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Chief Financial Officer James Bass:
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The Texas Transportation Commission (commission) finds it necessary to adopt amendments to §§15.170, 15.171, 15.172, and 15.173 relating to state highway projects financed through the issuance of bonds and other public securities to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the adopted amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth at length verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the General Counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register. IT IS THEREFORE ORDERED by the commission that the amendments to §15.170, §15.171, §15.172, and §15.173 are adopted and are authorized for filing with the Office of the Secretary of State. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B on file with minute order clerk. ITEM 5. TRANSPORTATION PLANNING a. Approve the issuance of bonds and/or other obligations to refund the Central Texas Turnpike System First Tier Revenue Bonds, Series 2002-B (Weekly Rate Demand Bonds) (MO) This item was deferred. b.Collin, Dallas and Denton CountiesApproval to authorize additional projects with CONSTRUCT authority under work program created by Minute Order 111215 and concurrence in the selection of those projects by the Regional Transportation Council. Projects are to be funded with payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (MO) Commissioner Meadows made a motion, seconded by Commissioner Houghton and the commission approved the following minute order presented by Chief Financial Officer James Bass: Transportation Code, §228.012 requires the Texas Department of Transportation (department) to create a separate account in the state highway fund to hold payments received by the department under a comprehensive development agreement (CDA), the surplus revenue of a toll project or system, and payments received under Transportation Code, §§228.0111(g)(2) and (i)(2).
The department is required to create subaccounts in the account for each project, system, or region, and to hold money in a subaccount in trust for the benefit of the region in which a project or system is located. Interest earned on money in a subaccount shall be deposited to the credit of that subaccount. The department may assign the responsibility for allocating money in a subaccount to a metropolitan planning organization (MPO) in which the region is located. The department has created subaccounts in the state highway fund to hold the payments received from the North Texas Tollway Authority (NTTA) for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (SH 121 payments). In Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (commission) approved, and authorized the department’s executive director to enter into, a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), the transportation policy council of the North Central Texas Council of Governments (NCTCOG), a federally designated MPO, concerning the administration, sharing, and use of surplus toll revenue and CDA concession payments in the region served by the NCTCOG. The SH 121 toll project is located in the region served by the NCTCOG. Responsibility for allocating the SH 121 payments has already been assigned, to a degree, to the RTC under the MOU. The MOU provides that the selection of projects to be financed using those funds shall be made by the RTC, subject to commission concurrence. The projects are to be selected in a cooperative department-RTC selection process which considers the desires of the cities and counties in which the project is located. The RTC has developed a plan for regional sharing of surplus toll revenue and CDA concession payments, based on the location of the toll project from which these revenues are derived and the residential location of toll users in the region served by the NCTCOG. The department has established a work program to account for and track projects in the Dallas District that are to be funded with the SH 121 payments. In Minute Order 111215, dated January 31, 2008, the commission concurred with certain projects identified by the RTC to be funded with those payments, and approved the placement of those projects in the work program. The RTC, through an extensive public involvement process, has identified additional projects in the Dallas District to be funded with the SH 121 payments. IT IS THEREFORE ORDERED by the commission that, pursuant to the MOU, it concurs with the projects as shown in Exhibit A that have been selected by the RTC to be funded with the SH 121 payments, and approves the placement of those projects in the work program with CONSTRUCT authority, to be developed consistent with applicable state and federal laws, regulations, and procedures. IT IS FURTHER ORDERED that, unless otherwise approved by the commission, all direct costs associated with these projects for which federal and state funds have not
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been allocated shall be charged to this work program, including the costs of right of way acquisition, preliminary engineering, and construction engineering, and the costs of department staff incurred in the development, procurement, and construction of the projects. Note: Exhibit A on file with minute order clerk. c. Travis CountyApproval of a work program to authorize the extension of Howard Lane from Cameron Road to SH 130 with CONSTRUCT authority, to be funded with payments received from SH 130 Concession Company, LLC for the right to develop, finance, design, construct, operate, and maintain the SH 130 toll project from US 183 in Travis County to I-10 in Guadalupe County (MO) Commissioner Houghton made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Chief Financial Officer James Bass: Transportation Code, §228.012 requires the Texas Department of Transportation (department) to create a separate account in the state highway fund to hold payments received by the department under a comprehensive development agreement (CDA), the surplus revenue of a toll project or system, and payments received under Transportation Code, §§228.0111(g)(2) and (i)(2). The department is required to create subaccounts in the account for each project, system, or region, and to hold money in a subaccount in trust for the benefit of the region in which a project or system is located. Interest earned on money in a subaccount shall be deposited to the credit of that subaccount. The department may assign the responsibility for allocating money in a subaccount to a metropolitan planning organization in which the region is located. The department has created subaccounts in the state highway fund to hold the payments received from the SH 130 Concession Company, LLC, for the right to develop, finance, design, construct, operate, and maintain the SH 130 toll project from US 183 in Travis County, to I-10 in Guadalupe County. Selection of projects to be financed using those funds shall be made by the department, subject to Texas Transportation Commission (commission) concurrence. The projects are to be selected in a cooperative selection process which considers the desires of the cities and counties in which the project is located. The department has established work programs to account for and track projects in the Austin and San Antonio Districts that are to be funded with the SH 130 payments. The department has developed a list of projects to be funded with the SH 130 payments and has placed a portion of those projects located in the Austin District in that work program. Additional projects may be added to the work program through commission approval. IT IS THEREFORE ORDERED by the commission that, it concurs with the projects identified in the work program as shown in Exhibit A that have been selected by
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the department to be funded with the SH 130 payments, and approves the placement of those projects in the work program with CONSTRUCT authority, to be developed consistent with applicable state and federal laws, regulations, and procedures. IT IS FURTHER ORDERED that, unless otherwise approved by the commission, all direct costs associated with these projects for which federal and state funds have not been allocated shall be charged to this work program, including the costs of right of way acquisition, preliminary engineering, and construction engineering, and the costs of department staff incurred in the development, procurement, and construction of the projects. IT IS FURTHER ORDERED that the department shall annually provide the commission a report describing the status of projects in the work programs. d. Various Counties Approve appointment of onemember to the Grand Parkway Association Board of Directors (MO) Commissioner Holmes made a motion, seconded by Commissioner Houghton and the commission approved the following minute order presented by Assistant Executive Director Engineering Operations John Barton: The Texas Transportation Commission (commission) by Minute Order 108973, dated July 25, 2002, appointed Guy Harrell to serve a six-year term on the Board of Directors (board) of the Grand Parkway Association, a transportation corporation created by the commission under Transportation Code, Chapter 431. Mr. Harrell’s term expires on July 25, 2008. Pursuant to Title 43, Texas Administrative Code (TAC), §15.85, the board has nominated Mr. Harrell for a second term and has submitted the prescribed documentation for commission review. The board published an appropriate notice of the nomination and its proposed consideration by the commission at least 20 days prior to the date of this order, and has furnished the commission with the requisite publisher’s affidavit. Based upon the review and consideration of all relevant information as documented and filed with the commission, as well as the board’s recommendation, it appears to the commission that the nominee is fully eligible and qualified to serve as a member of the board in accordance with Transportation Code, Chapter 431, and 43 TAC, Chapter 15, Subchapter H. IT IS THEREFORE ORDERED by the commission that effective on the date of this order, Guy Harrell is hereby re-appointed to serve as a member on the board for the Grand Parkway Association, with a term expiring July 25, 2014. e.Various Counties Approve projects for the Border Colonias Access Program (MO) Commissioner Meadows made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Assistant Executive Director Engineering Operations John Barton:
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Government Code, §1403.002 requires the Texas Public Finance Authority (TPFA) to, as authorized by the Office of the Governor, issue general obligation bonds and notes in an aggregate amount not to exceed $175 million. The TPFA shall, as directed by the Texas Department of Transportation (department), distribute the proceeds to counties to provide financial assistance for colonia access roadway projects to serve border colonias. Government Code, §1403.002 further requires the Texas Transportation Commission (commission) to establish a program to administer the use of the proceeds of the bonds and notes. The commission has adopted rules to implement the program, codified in Title 43, Texas Administrative Code (TAC), §§15.100-15.106. Pursuant to 43 TAC §15.103, a program call for $75 million was issued on February 1, 2008. The project applications were received by March 31, 2008. The department evaluated the applications in accordance with §15.103(c) of the rules. Applications determined to be in compliance with the rules were submitted to the commission for selection. In accordance with §15.104, the commission evaluated the applications by considering the following criteria: • dividing the population of the border coloniasthe number resulting from the project is to serve, based on the latest estimates from the Texas Water Development Board, by the total number of miles of roadway in the border colonia; • as the number of existing paved roads incondition of current roads, such and to the border colonia the project is to serve; • whether the project is on an existing or planned school bus route; and • access to other parts of the region, such as the number of roads, paved or unpaved, to the border colonia the project is to serve. As required by §15.104, the commission ranked the projects by giving each criterion a weight of 25 points, for a total possible score of 100. The commission then considered the projects in descending order as far as available funding allowed. As provided by §15.105, the commission distributed funds to counties from amounts set-aside pursuant to that section, and distributed 50 percent of the remaining available funds to counties in proportion to their border colonias population. The commission funded the highest ranked projects as evaluated and scored. The commission then distributed the remainder of the available funds to individual counties on a project-by-project basis as far as available funding allowed. IT IS THEREFORE ORDERED by the commission that the projects described in Exhibit A of this order are approved for funding under the Border Colonias Access Program. IT IS FURTHER ORDERED that after the TPFA has issued the bonds and notes, then an agreement between the department and the respective counties will be executed according to the conditions stated in §§15.100-15.106. Note: Exhibit A on file with minute order clerk.
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f.Various Counties Amend the 2007 Statewide Preservation Program to authorize CONSTRUCT authority for multiple bridge structures in Category 6, Structures Replacement and Rehabilitation (MO) Commissioner Holmes made a motion, seconded by Commissioner Houghton and the commission approved the following minute order presented by Assistant Executive Director Engineering Operations John Barton: Pursuant to Transportation Code, §201.602, the Texas Transportation Commission (commission) approved Minute Order 111370 on May 29, 2008, authorizing the executive director to utilize the highway project selection process for developing the 2009 Unified Transportation Program (UTP). Part of this selection process was to make funding Category 6 of the UTP a Bridge Division-directed statewide allocation program as part of the 2009 Statewide Preservation and Safety Program. The Bridge Division (division) has developed a financially constrained list of bridge replacement and rehabilitation projects for fiscal year 2009 based on federal Highway Bridge Program eligibility and a statewide prioritization process. Several projects on this list are currently only authorized for DEVELOP authority under the 2007 UTP. To provide the citizens of the state with a safe and efficient transportation system and facilitate a smooth transition to the new selection process, it is desirable to ensure that all bridges on the approved division project list for 2009 are CONSTRUCT authorized under the 2007 UTP. Exhibit A contains a list of the bridge projects to be authorized for CONSTRUCT authority. IT IS THEREFORE ORDERED by the Texas Transportation Commission that the executive director is hereby authorized to enter into any necessary agreements and to proceed in the most feasible and economical manner to advance these bridge replacement projects listed in Exhibit A to CONSTRUCT authority in Category 6, Structures Replacement and Rehabilitation of the 2007 Statewide Preservation Program. Note: Exhibit A on file with minute order clerk. ITEM 6. TOLL ROAD PROJECTS Travis and Williamson Counties Accept the General Engineering Consultant quarterly progress report as of May 31, 2008 for the Central Texas Turnpike System (MO) Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Assistant Executive Director Innovative Project Development Phillip Russell: In TRAVIS and WILLIAMSON COUNTIES, ST HIGHWAY 130 has been ATE designated a toll project and a controlled access state highway from I-35 north of Georgetown to a southern terminus at US 183.
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In TRAVIS and WILLIAMSON COUNTIES, STATE HIGHWAY 45N has been designated a toll project and a controlled access state highway from west of US 183 to SH 130. In TRAVIS and WILLIAMSON COUNTIES, STATE HIGHWAY LOOP 1 has been designated a toll project and a controlled access state highway from the intersection of existing Loop 1 and FM 734 (Parmer Lane) in Austin to the intersection of Loop 1 and SH 45N. The Texas Transportation Commission (commission) has issued toll revenue bonds and other obligations to finance a portion of the costs of the 2002 Project of the Central Texas Turnpike System, a toll project composed of the SH 130, SH 45N, and Loop 1 project elements, and has entered into an Indenture of Trust dated July 15, 2002 with Bank One, National Association, as Trustee to secure the revenue bonds and other obligations issued for the 2002 Project. In Section 406 of the Indenture of Trust, the commission covenants that at least quarterly during the construction of the 2002 Project it will cause the general engineering consultant to prepare a progress report in connection with such construction, including current projections with respect to the date the 2002 Project will be open to traffic, the date on which construction will be completed, the cost of the 2002 Project, and the amount of funds required each six months during the remaining estimated period of construction to pay the costs of the 2002 Project. Section 406 of the Indenture of Trust requires copies of the quarterly progress report to be filed with the commission, the U.S. Department of Transportation, and the Trustee, and to be made available by the Trustee to owners of obligations issued for the 2002 Project. The commission has previously engaged PBS&J to serve as general engineering consultant in accordance with the Indenture of Trust. A quarterly progress report for the period ending May 2008, attached as Exhibit A, has been prepared by PBS&J in accordance with Section 406 of the Indenture of Trust. IT IS THEREFORE ORDERED by the commission that the general engineering consultant’s quarterly progress report attached as Exhibit A is accepted. Note: Exhibit A on file with minute order clerk. ITEM 7. FINANCE Accept the Quarterly Investment Report as of May 31, 2008 as required by the Public Funds Investment Act (MO) Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Chief Financial Officer James Bass: Government Code, Chapter 2256 (Public Funds Investment Act) authorizes the Texas Transportation Commission (commission) to purchase, sell, and invest its funds and funds under its control in investments authorized under the Public Funds Investment Act, in accordance with investment policies approved by the commission.
Government Code, §2256.005 requires the commission to adopt a written investment policy regarding the investment of its funds and funds under its control, including a separate written investment strategy for each of the funds or group of funds under its control, and to designate one or more officers or employees of the Texas Department of Transportation (department) as investment officer to be responsible for the investment of funds consistent with the investment policy. Government Code, §2256.023 requires the designated investment officer to prepare and submit to the commission and the executive director, not less than quarterly, a written report of investment transactions for all funds covered by the Public Funds Investment Act for the preceding reporting period. The report must describe in detail the investment position of the department on the date of the report, and must be prepared jointly and signed by each investment officer. Pursuant to this legislation, in Minute Order 108970, dated July 25, 2002, the commission approved and adopted a written investment policy and written investment strategy applicable to funds of the commission held under the Indenture of Trust dated July 15, 2002 securing the outstanding bonds, notes or other obligations issued by the commission to finance a portion of the cost of the initial phase of the Central Texas Turnpike System, also known as the 2002 Project. The investment policy and investment strategy have been amended pursuant to Minute Order 109066, dated October 31, 2002, Minute Order 109339, dated July 31, 2003, Minute Order 109462, dated October 30, 2003, Minute Order 109732, dated July 29, 2004, Minute Order 109963, dated February 24, 2005, Minute Order 110087, dated May 26, 2005, Minute Order 110145, dated July 28, 2005, Minute Order 110617, dated July 27, 2006, and Minute Order 111003, dated July 26, 2007. The commission also adopted investment strategies in relation to the Texas Mobility Fund on February 24, 2005. The commission has designated the department’s Chief Financial Officer and Deputy Director of Finance as investment officers. The Debt Management Director is authorized to act as investment officer in the absence of the Chief Financial Officer and the Deputy Director of Finance. Section 9.0 of the investment policy requires the investment officer to prepare and submit to each member of the commission and the executive director of the department an investment report on no less than a quarterly basis. The report must be prepared in accordance with the requirements of that section, including containing sufficient information to provide for a comprehensive review of investment activity and current investment instruments and performance for the reporting period. Quarterly investment reports will be prepared for each quarter of the department’s fiscal year. A quarterly investment report for the 2002 Project for the period ending May 31, 2008, attached as Exhibit A, has been prepared in accordance with Government Code, §2256.023 and Section 9.0 of the investment policy. IT IS THEREFORE ORDERED by the commission that the quarterly investment report attached as Exhibit A is accepted. Note: Exhibit A on file with minute order clerk.
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