Tuesday, August 08, 2006

"Critics contend that a financially healthy tollway authority is a better alternative for North Texas than a private company taking its profits."

Pact would clear the way for toll roads

Agencies to divvy up building, management of planned highways

August 8, 2006

By TONY HARTZEL
The Dallas Morning News
Copyright 2006

PLANO – After months of infighting, two major road-building agencies have reached a tentative deal that carves out their roles in building and running new North Texas toll roads.
For millions of motorists, the agreement has less to do with their pocketbooks and more to do with the ease of their daily commutes.

The North Texas Tollway Authority and the Texas Department of Transportation have routinely sparred over which agency should oversee upcoming toll roads. Those projects include State Highway 121 in Denton County, State Highway 161 in southwest Dallas County, Southwest Parkway in Fort Worth, the Lewisville Lake Toll Bridge, and the Bush Turnpike's eastern extension in Rowlett, Sachse and Garland.

In recent weeks, jousting over control of the toll roads and their revenue has threatened progress on some of those projects. The agreement means that construction delays will be less likely on the Bush Turnpike's eastern extension to Interstate 30 in Garland and on the section of Highway 121 from the Dallas North Tollway to Central Expressway.

"Once this is approved – if it is approved – we will have a much better relationship with TxDOT going forward than we have in the past," said David Blair Jr., chairman of the tollway authority board.

The deal is scheduled for a vote Thursday at the tollway authority's board meeting in Plano. It will then go before the Texas Transportation Commission in Austin on Aug. 24.

The Dallas Morning News obtained a copy of the agreement before its public unveiling Thursday. Under its provisions:

• The tollway authority would build and operate Southwest Parkway, the Lewisville Lake Toll Bridge and the Bush Turnpike's eastern extension.

• The state transportation department would award construction and maintenance contracts for the Highway 121 and Highway 161 projects to private bidders. The tollway authority would not submit bids for either project, as it had originally planned.

• The tollway authority would collect tolls on every North Texas toll road. On the privately built toll roads, the tollway authority would have a five-year contract to collect tolls.

• The tollway authority would take the lead in evaluating where new toll roads should be built. The agreement did not list specific projects but could include the future Loop 9 in southern Dallas County, a State Highway 360 extension in Tarrant County and a Collin County outer loop.

The Texas Department of Transportation and the Regional Transportation Council must agree with any tollway authority recommendation for how a toll road gets built.

The agreement does not guarantee the tollway authority any role in building or operating toll roads, only collecting tolls and extracting a fee for that service.

In addition, the agreement virtually assures that a private bidder will build toll roads on Highways 121 and 161, leaving fewer lucrative projects in the tollway authority system.

Critics contend that a financially healthy tollway authority is a better alternative for North Texas than a private company taking its profits.

The agreement recognizes the need for a strong tollway authority, said Allan Rutter, executive director of the tollway authority.

"This isn't about marginalizing us; it's about increasing our utility," he said.

State officials talked of possibly endorsing legislation, if needed, to cement the tollway authority's role.

"We were getting to the point where we couldn't agree on anything," said Bill Hale, the Dallas district engineer for the state transportation department. "We all need to be involved. With this, no one individual agency can trump the other."

Dallas County Judge Margaret Keliher said she has concerns about the deal. It does not specifically dedicate future toll revenue to improving Dallas County roads, she said.

Ms. Keliher has questioned whether the tollway authority should sell the Dallas North Tollway to a private company and use the proceeds to improve other Dallas roads.

"Dallas County taxpayers need to be sure they are treated fairly with this agreement and they get the value of projects they have been paying on for years," she said.

The deal hinged not only on money, but also on future roles for both agencies.

Earlier this year, the Regional Transportation Council, an appointed body that regulates most road construction in North Texas, set a base toll rate of 14.5 cents per mile on most new toll roads.

That move took pressure off the state and the tollway authority to get involved in setting toll rates and allowed them to concentrate more on getting projects done.

With the agreement, "we will spend less time worrying about who will do projects, and more time doing projects," Mr. Rutter said.

E-mail thartzel@dallasnews.com

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

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