SUBJECT:
title
Approval of a resolution authorizing the President & CEO, or her designee, to finalize and execute two (2) perpetual Rail Right of Way License to Use agreements with the Texas Department of Transportation (TxDOT) for the installation and maintenance of a drainage tunnel underneath CapMetro rail right of way, waiving any and all license fees for the term of the agreements.
end
FISCAL IMPACT:
Refer to executive summary for clarification.
STRATEGIC PLAN:
Strategic Goal Alignment:
☐ 1. Customer ☒ 2. Community
☐ 3. Workforce ☐ 4. Organizational Effectiveness
EXPLANATION OF STRATEGIC ALIGNMENT: CapMetro’s mission is to empower, enhance, and serve the region and its communities through the responsible delivery of quality public transportation. These agreements support CapMetro’s goal to improve mobility in the region and its communities by allowing the installation of a drainage tunnel beneath CapMetro rail right of way in support of the TxDOT I-35 reconstruction project through downtown Austin.
BUSINESS CASE: The agency is partnering with TxDOT in support of the I-35 redevelopment project in downtown Austin. By providing approval to install and maintain a drainage tunnel below CapMetro rail right of way and by waiving associated license fees, the agency is providing a key public benefit in support of this significant transportation project and public transit services.
COMMITTEE RECOMMENDATION: This item was presented and recommended for approval by the Operations, Planning and Safety Committee on November 5, 2025.
EXECUTIVE SUMMARY: CapMetro is partnering with TxDOT on a number of transportation improvement projects related to the I-35 redevelopment project in downtown Austin that will directly benefit public transit services. These multiple improvements will require multiple agreements, and these agreements will generally waive CapMetro annual license fees because the projects provide a direct benefit to public transit services.
The I-35 Drainage Tunnel agreements are the first of this series of agreements. The 22-foot diameter drainage captures the runoff from the redeveloped I-35 infrastructure and conveys it to the Colorado River east of Downtown. The tunnel will cross under CapMetro Rail Right of Way at Airport Blvd. and 4th Street at a depth of approximately 67 feet and will not have an adverse impact on rail operations. There is one agreement for each of the two locations.
SBE PARTICIPATION: Does not apply.
PROCUREMENT: Does not apply.
RESPONSIBLE DEPARTMENT: Capital Construction Engineering and Design (CCED)
RESOLUTION
OF THE
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS
STATE OF TEXAS
COUNTY OF TRAVIS
AI-2025-1661
WHEREAS, CapMetro is partnering with the Texas Department of Transportation (TxDOT) on projects in support of the redevelopment of I-35; and
WHEREAS, these partnership projects benefit public transportation and transit services for the entire region; and
WHEREAS, CapMetro intends to grant TxDOT two (2) perpetual License Agreements to Use Rail Right of Way for the purposes of installing and maintaining a drainage tunnel in support of the I-35 redevelopment project.
NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the CapMetro President and CEO, or her designee, is authorized to finalize and execute two (2) perpetual Rail Right of Way License to Use agreements with the Texas Department of Transportation (TxDOT) for the installation and maintenance of a drainage tunnel underneath CapMetro rail right of way, waiving any and all license fees for the term of the agreements.
____________________ Date: ____________________
Secretary of the Board
Becki Ross