Friday, January 06, 2006

"State officials are concerned that opening Highway 121 without tolls could lead to legal challenges if tolls were added."

121's main drag: the paperwork

Road headed for early finish; wait for toll approval may delay opening

Friday, January 6, 2006

By TONY HARTZEL
The Dallas Morning News
Copyright 2005

CARROLLTON – The new State Highway 121 toll road in Denton County could be ready by spring, but motorists may be barred by something stronger than concrete and steel – red tape.

Months of extremely dry weather have helped workers finish 90 percent to 94 percent of six new miles of Highway 121, putting crews on a pace to possibly finish a month or two ahead of the June completion dates.

That rate of progress, however, would outpace the receipt of required federal approvals to collect tolls on the road.

If that happens, the road may sit unused for up to two months.

"We don't want to be in a position of having something closed and not having the public use it," said Bob Brown, deputy district engineer for the Texas Department of Transportation's Dallas office. "We're trying to make sure that doesn't happen."

But if the road opening is delayed, he added, "it may be a little pain now, but there will be many benefits later."

Regional leaders have a long-standing policy stipulating that any road that opens without tolls cannot be converted to a toll road. Such a conversion would also require countywide approval in an election.

In addition, state officials are concerned that opening Highway 121 without tolls could lead to legal challenges if tolls were added.

State and federal officials approved the Highway 121 project years ago, but only for a road without tolls. Construction began on the first segment in 2003, but state and regional leaders agreed in October 2004 to collect tolls on the new stretch of highway to help pay for other projects, including work on Interstate 35E in southern Denton County and FM423 in Lewisville.

The 2004 decision created the need for additional federal approval. At the earliest, federal consent would come in the first part of May, and construction of electronic tolling equipment would then take a couple of weeks, Mr. Brown said.

But no matter when construction is complete, the Texas Department of Transportation is not planning to open Highway 121 early if it does not have approval for tolls.

"That's not nice. At least they could let us try it out," said Crystal Chiles of Carrollton, who uses the existing Highway 121 frontage roads frequently.

In the realm of multiyear construction projects, a delay of two months is not a big concern, said Sam Daniel of Carrollton.

"I'm open to waiting until all approvals have been made," he said. The road "is not too bad. I travel it quite a bit. But I don't get out in traffic until everyone else is already at work."

As required by federal officials, the state Transportation Department has scheduled two public hearings for this month on the proposed tolls on Highway 121. The state must address each public comment made at the meetings and submit its answers to federal officials, who hopefully will finish reviewing the paperwork and have an answer by early May, Mr. Brown said.

According to the most recent estimates, the 3.3-mile Highway 121 segment around the Interstate 35E interchange is about 90 percent complete. Work on that part, which began in May 2003, is expected to cost $87 million.

The second part, a 2.6-mile, $31 million segment from near Hebron Parkway to near The Colony's city limit, is about 94 percent complete. Work began in February 2004.

A third section, from The Colony to the Dallas North Tollway, is not scheduled for completion until early 2008.

The construction pace would have the first highway sections open to almost 50,000 vehicles a day in March or April, but state transportation planners are predicting that they will not be ready before June.

Collin County officials, the state and the North Texas Tollway Authority are still working out the details of a Highway 121 toll road from the Dallas North Tollway to Central Expressway. That segment is expected to be open by 2010.

Just as dry weather has helped the project get ahead of schedule, wet weather and the challenges of finishing all the details on six miles and $118 million in new highways could slow the project's current rapid pace, said Denton County Commissioner Cynthia White.

"When it comes to construction, you never know," she said. "But the bottom line is, TxDOT is going to do what it's got to do."

E-mail thartzel@dallasnews.com

© 2006 The Dallas Morning News Co www.dallasnews.com

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