Texas Department of Transportation 

125 EAST IITH STREET, AUSTIN.TEXAS 78701-2483 | 512.463.8630 | WWW.TXDOT.GOV 

February 1, 2017 

Mr. Walter C. Waidelich, Jr. 

Acting Deputy Administrator 

Federal Highway Administration 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

RE: Voluntary Resolution Agreement (VRA) of December 17, 2015 - US181 Harbor Bridge 

Replacement Project in Corpus Christ!, Texas 

Dear Mr. Waideiich: 

The Texas Department of Transportation (TxDOT) is writing to you concerning the letters from the 

Federal Highway Administration (FHWA) dated October 13, 2016, December 19, 2016, and January 

18, 2017. The letters commented on TxDOT's implementation of the VRA. 

Asa result of our discussions, 1believe that TxDOT and FHWA have reached an agreement on how to 

amend the VRA and implement it. Tothe extent the contents of this letter agreement differfrom or 

conflict with the VRA, the terms of this letter agreement shall govern. The issues agreed to are as 

follows (the capitalized terms are as defined in the VRA): 

1. Section Vi.B.4 ofthe VRA, under which TxDOT isto carry out a Relocation Benefits Program, 

is amended as follows: 

a. Beginning on July 1, 2017, TxDOT will offer, or cause to be offered, relocation benefits for 

Tenants of Residential Property, the Owners of which have not elected to participate in 

the Acquisition Program prior to July 1, 2017. After July 1, 2017, the Owner of the 

Residential Property does not need to participate in the Acquisition Program in order for 

the Tenant to be eligible to participate in the Relocation Program. However, a Tenant 

must otherwise satisfy the eligibility requirements in the VRA, including being a Tenant of 

the subject Residential Propertyon January 1, 2016, and continuously thereafter. A 

Tenant will be eligible onlyafter the end of the term of any valid written lease. Neither 

TxDOT, the Port of Corpus Christi Authority, nor the Port Authority's relocation consultant, 

will pay any lost rent, fees, penalties, court costs, attorney's fees, or other costs 

associated with a Tenant violating the terms of a lease agreement. TxDOT will provide a 

written notice of the Relocation Program to Tenants no later July 1, 2017. 

b. TxDOT will provide relocation benefits and assistance to eligible displaced Owners of 

Residential Rental Property as follows: (1) only the expenses related to relocation of 

Owner's personal property located withinthe Residential Rental Property as provided by 

49 C.F.R. § 24.301(g)(l)-(3), (5)-(6), with such expenses to be calculated under the 

process provided by 49 C.F.R. § 24.301(d), and (2) applicable relocation assistance 

advisory services as provided In 49 C.F.R. § 24.205(c). Such Owners will receive no 

other relocation assistance or benefits. To be eligible for these relocation benefits, the 

OURVALUES; People • Accountability • Trust • Honesty 

OUR MISSION: Through co/tabcration and leadersWp, wede/iVera safe, reliable, and integratedtransportation system that enatjfest/ie movement orpeop/eand goods. 

An Equal Opportunity Efnpicyer 
Mr. Walter C. Waldellch, Jr. 2 February 1,2017 

displaced Owner must own the subject Residential Rental Property on January 1, 2016, 

and continuously thereafter. (By definition under the VRA, the Owner of Residential 

Rental Property does not occupy the displacement dwelling. Accordingly, and for the 

absence of doubt, the Owner is not eligible for replacement housing payments and 

housing of last resort payments.) 

2. Under Section VI.B.3 of the VRA, TxDOT is to carry out an Acquisition Program, so that the 

Owner of a Residential Rental Property will receive the approved appraisal of the value of the 

property as determined under the appraisal process in 49 C.F.R. §§24.103 and 24.104, 

without giving effect to any rules that might render such rules inapplicable. The Owner will 

receive no payments for the property in excess of the approved appraisal. 

3. The restrictions in 42 U.S.C. § 4605 and 49 C.F.R. § 24.208 apply to a Person's eligibilityto 

receive benefits under the Relocation Benefits Program. There are no other laws or 

agreements that render such restrictions inoperative. 

4. The programs available under the VRA are voluntary and therefore the appeal procedures in 

49 C.F.R. § 24.10 and 43 T.A.C. § 21.118 do not apply. However, TxDOT willmake available 

an appeal procedure concerning the person's eligibility for, or the amount of, benefits 

calculated under the Relocation Program. The Executive Director of TxDOT or his designee 

will be the agency official reviewing the appeal and making the final decision, if there is such 

an appeal. TxDOT willshare the appeal procedure with the FHWA Texas Division Office prior 

to implementation. As is consistent with FHWA standard processes, there will be no appeal 

of a decision to FHWA, and FHWA will not otherwise participate in the appeal process. For 

the absence of doubt, there is no appeal procedure available concerning the Acquisition 

Program. FHWA will ascertain whether TxDOT has complied with its obligations under the 

Relocation Program and Acquisition Program through routine project file reviews and through 

review of the quarterly reports required by the VRA. 

5. This letter agreement will be effective upon the last party signing it. Upon the effective date, 

TxDOT will direct the Port of Corpus Christi Authority and its relocation consultant to start 

immediately making written offers to Owners, Tenants, and Businesses according to the 

terms of the VRA, as amended by this letter agreement. 

6. Nothing in this letter agreement delays or alters the time periods established in the VRA 

concerning TxDOT'simplementation of the Acquisition Program and the Relocation Program. 

7. This letter agreement resolves and satisfies all issues raised in FHWA's letters of October 13, 

2016, December 19, 2016, and January 18,2017. FHWA finds that TxDOT's actions are in 

compliance with the VRA, and directs that TxDOT carry out the requirements of the VRA 

consistent with this letter agreement. 

8. Except as expressly set forth in this letter agreement, the terms of the VRA have not 

changed. There are no other outstanding disagreements, concerns, or differences between 

FHWA and TxDOT regarding the Harbor Bridge Relocation Project. For the absence of doubt, 

this letter agreement resolves every outstanding issue between FHWA and TxDOT regarding 

the Harbor Bridge Replacement Project as of the effective date of this letter agreement. 

Including the meaning and implementation of the VRA. 

OURVALUES: People • Accountability • Trust • Honesty 

OUR MISSION: Throughcollaboration and leadership, we delivera safe, reliable,and integrated transportation system that enables the movement of people and goods. 

An Equal Opportunity Employer 
Mr. Walter C. Waidelich, Jr. 3 February 1, 2017 

9. This Is the entire agreement to resolve and satisfy the issues raised In FHWA'sletters of 

October 13, 2016, December 19, 2016, and January 18, 2017. No prior understandings, 

drafts exchanged, representations, Inducements, promises or agreements, oral or otherwise, 

between the parties not embodied herein shall be of any force or effect, nor shall they be 

used to show the intent of the parties. 

10. Nothing in this letter agreement shall be construed as creating liability in favor of any third 

party or parties against FHWA or TxDOT. 

Ifyou agree with my description of the resolution of Issues as described In this fetter, I ask that you 

counter-sign the letter (below) and return a copy to me. 

Please let me know if you have any questions. 

Sincerely, 

James M. Bass 

Executive Director 

Agreed to and accepted this_ ^ day ofFebruary 2017, by the FEDERAL HIGHWAY 

ADMINISTRATION. 

Walter C. Waldelicm, Jr. 

Acting Deputy Adrrllnistrator 

cc: Irene Rico, Associate Administrator, Office of Civil Rights, FHWA 

Al Alonzi, Division Administrator, FHWA 

Marc Williams, Deputy Executive Director, TxDOT 

Chris Caron, District Engineer, Corpus ChristI District, TxDOT 

Charles Zahn, Chairman, Port of Corpus Christ! Authority 

OUR VALUES: People • Accountability* Trust • Honesty 

OUR MISSION: Through collaborationand leadership, we delivera safe, reliable,and integrated transportation system that enables the movement of people and goods. 

An Equal Ooponunny Employer