Thursday, May 11, 2006

"This is a shot across the bow of TxDOT. We are a small craft, and they are a battleship."

Toll agency stays in 121 running

Authority remains in bidding on proposed tollway, in opposition to TxDOT

May 11, 2006

By TONY HARTZEL
The Dallas Morning News
Copyright 2006

The battle between two state agencies over control of the proposed State Highway 121 toll road in Collin County – and the revenue it would create – will continue for a few more months, the North Texas Tollway Authority decided Wednesday.

In a 4-3 vote, the tollway authority's board agreed to take another shot at winning the right to build and operate the Highway 121 tollway from Interstate 35E to Central Expressway.

The agency had the choice of submitting a bid to the Texas Department of Transportation by November or withdrawing from the competition, which has four other bidders.

To the majority of the tollway authority board, the decision came down to fulfilling the agency's mission.

"Our mission is to be a provider of roads," said board member Kay Walls of Johnson County, widely viewed as the board's swing vote. "Until that's not our mission, I will continue to support our involvement."

Money also entered into it. The road has been described as potentially the most lucrative toll project in Texas and possibly the United States, generating perhaps billions in excess revenue for the operator.

If the tollway authority wins the Highway 121 contract, income could be used to finance other toll roads in North Texas, according to board member Paul Wageman, who supported pursuing it.

"It will guarantee our future as a toll authority to leverage money for other projects," said Mr. Wageman, who represents Collin County. "Should we choose not to follow it, I think we have sealed our fate."

The decision sets up a potential confrontation with the state Transportation Department.

Some local officials view the tollway authority, a quasi-governmental agency, as the best bet to keep 121 tolls as low as possible.

State transportation officials have pinned their hopes on bids from private, profit-making contractors as the route to the most revenue on Highway 121.

"This is a shot across the bow of TxDOT. We are a small craft, and they [TxDOT] are a battleship," said Bill Meadows, Tarrant County's representative on the tollway board. "I think instead of competing, we should negotiate with [TxDOT] and define our universe."

Wednesday's debate has roots in the Texas Department of Transportation's growing emphasis on toll roads as a way to raise money for construction and maintenance.

State leaders have little or no interest in raising the 20-cent-per-gallon fuel tax.

Instead they are eyeing a Highway 121 toll road as a source of new revenue.

Traditionally, the tollway authority built toll roads and collected the revenue – not the state Transportation Department.

In the past, the state allowed the tollway authority to build toll roads, even on state roads like Highway 121 or State Highway 190, as a way to get projects built sooner.

The tollway authority, for example, built the main lanes of Highway 190, now known as the Bush Turnpike. The frontage roads still bear the Highway 190 name.

Now both agencies are looking to control future toll roads.

"Our partnership with TxDOT has been fractured. Somehow, we've got to get together and figure out how to get back on track," said board chairman David Blair of Dallas County.

Others are more optimistic.

"I wouldn't say it's fractured," said Bill Hale, the Dallas district engineer for the state transportation department. "I would say that we are at odds."

Mr. Hale said the tollway authority's decision to bid on the Highway 121 project, after months of delays, means construction in Collin County can begin by next year, as planned.

The toll road's Collin County segment, which runs from the Dallas North Tollway to Central Expressway, could open by 2010. The Denton County segment, which runs from I-35E to the tollway, should open by August.

The state and the tollway authority recently tried to find middle ground. One idea was to allow the tollway authority to negotiate toll-collection contracts with the successful bidder on Highway 121 construction.

The tollway authority would then get some revenue from the Highway 121 toll road. But the state couldn't guarantee those contracts. This uncertainty led some tollway authority board members to question the wisdom of abandoning the Highway 121 construction bid.

Motorists may not see much difference in the tolls they pay on Highway 121 regardless of which agency builds and operates it.

Collin County leaders have supported the tollway authority because they believe it would charge the lowest rates.

The Regional Transportation Council, which sets transportation policy in North Texas, last month approved maximum 17-cent-per-mile toll rates on Highway 121. Collin County officials hope the tollway authority will stick as close as possible to its previous proposal of 12 cents per mile.

"It's about setting a toll rate and building the road and not penalize the people who drive on it," said Frisco Mayor Mike Simpson. E-mail thartzel@dallasnews.com


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

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