"Their whole billing, fee and collection processes almost seem illegal to me."

NTTA's late-fee collection has 'gotten out of hand,' state senator says

10/10/09

By DAVE LIEBER
Fort Worth Star-Telegram
Copyright 2009

As the North Texas Tollway Authority creeps more and more into our lives, drivers continue to have fits over steep fees levied when toll bills aren’t paid on time.

Apparently, the NTTA takes the word authority in its title quite seriously. It continues to charge customers who missed a few dollars in toll payments many hundreds of dollars in fines and fees. Some motorists say they never received the original bills.

State Sen. Jane Nelson, R-Flower Mound, says she has seen enough of what she calls "exorbitant" penalties. She says the $11 million in penalties collected from drivers since last year is the authority’s way of making up for lost revenue.

"It’s gotten out of hand," Nelson says. "What really bothers me is this is not supposed to be a revenue source for the NTTA. A fine should be a reminder that you need to pay for the tolls. But $11 million? That’s a lot of fines."

The authority says it also spent $35 million in staff salaries and postage to administer its billing system.

Nelson plans to hit the problem head-on in the Legislature: "The way we set it up, I’m not sure we didn’t give them too much authority. We need to go back and consider more oversight."

More authority over the authority. That comes as welcome news to drivers who say they’ve been burned.

For Star-Telegram readers who don’t travel east of Tarrant County very often, let me explain. Drivers who use toll roads in Dallas, Denton and Collin counties are encouraged to buy TollTags to hang on their windshield. Tags are read electronically, and the driver’s account is debited.

For those without a tag, the authority photographs their license plate and then mails a bill at a higher rate to the car’s registered owner. The authority is phasing out toll booths where cash is accepted and building roads with few booths.

If a toll-road scofflaw goes too long without paying, the case is referred to a justice of the peace (5,295 cases this year). In the end, an unpaid 45-cent toll can cost hundreds of dollars with added court costs.

Geoff Hartford of Denton says a $3.17 toll charge cost him $139 in payments to a collection agency. He was charged with five late payment violations at $25 each.

"They sent the invoice to my old address in Argyle," he says.

The NTTA says that the invoices are sent to the listed address in government records and that the vehicle’s owner is responsible for updating the registration.

Charles Evans says he received a bill for $518 for about $18 in tolls. Two employees told him that if he didn’t pay the bill, he could be arrested, he said. Then the NTTA agreed to settle for $187. But when he went to the NTTA’s Web site to buy a TollTag, he found that if he bought a tag he could pay the $18 and clear his account.

"Their whole billing, fee and collection processes almost seem illegal to me," he says.

The authority changed its policy on negotiated settlements, but its computer system still asks customers to sign up for the old violation enforcement agreement. The NTTA says it is "currently working to correct" the problem.

Dave Lieber, 817-685-3830 Twitter@DaveLieber

© 2009 Fort Worth Star-Telegram: www.star-telegram.com

To search TTC News Archives click HERE

To view the Trans-Texas Corridor Blog click HERE

"Hicks" Nix Rick's Tricks

Coordination Defeats I-35
Trans-Texas Corridor Project

10/8/09

American Stewards of Liberty
Copyright 2009

On October 7th, 2009 we had one of our most resounding victories for coordination that not only affects Texas, but the nation. It is a victory for private property rights proving that when a few good Americans decide something is wrong and are willing to take a stand, they can win against incredible odds.

In a press conference in Austin, Texas, Amadeo Saenz, executive director of the Texas Department of Transportation (TXDOT), announced on behalf of Texas Governor Rick Perry, that the Trans-Texas Corridor, I-35 Segment is dead. TXDOT will be recommending the “No Build” option to the Federal Highway Administration.

You read it right – the key leg of the NAFTA Superhighway is dead and every member of American Stewards of Liberty played a key role in making this happen.

It is hard to place into words the magnitude of this coordination victory.

In August of 2007, four unpaid mayors and their school districts in eastern Bell County, Texas stepped forward and asserted their coordination authority for the first time in Texas history.

They demanded an equal seat at the table with TXDOT and held their first meeting with the agency on the I-35 super corridor October 22, 2007. It was during this meeting that the environmental study director informed them the Final DEIS (Draft Environmental Impact Statement) would be submitted to the Federal Highway Administration (FHA) by January, 2008.

The next step would be condemnation of the 146 acres per mile to build the super highway.

The newly formed Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) went to work laying out in government-to-government meetings the flaws in TXDOT’s study and violations of law being committed by the agency.

They met two more times with the Transportation agency filing two lengthy petitions with the Federal Highway Administration, the latest one being sent in June, 2009 calling on the FHA to reject the study in its entirety. The ECTSRPC set forth 27 pages of violations of federal law being carried out by FHA’s agent, TXDOT that no one had pointed out before.

TXDOT and FHA have been in discussions on the final DEIS for most of this year. We have no doubt that the last petition caused the FHA to suggest TXDOT present another option. Today we learn that option is “NO BUILD.”

The coordination strategy utilized by these courageous Texans, developed by Fred Kelly Grant, president of American Stewards, stopped the I-35 Trans-Texas Corridor.

How big is this coordination victory for local government? Here is what we were up against:

• The Trans-Texas Corridor was a keystone project for Governor Perry;

• It was fully supported by President George W. Bush;

• It had the funding of the Spanish Corporation, Cintra-Zachry;

• The people of Texas tried to repeal the TTC project during three legislative sessions, but were thwarted each time by the governor and road lobby;

• The State of Texas spent $16 million on environmental and planning documents;

• $3.5 million were made in political contributions to candidates from TTC Contractors;

• $6.1 million was spent by TTC Contractors for paid lobbyist to get the project through.

We’ve won the battle on the I-35 Corridor by using the coordination strategy because of the generous support and commitment of the members of American Stewards of Liberty.

If you are not a member of American Stewards, we invite you to join us. Click Here to sign up.

If you would like to learn more about the coordination strategy used to stop the I-35 Trans Texas Corridor, make plans to attend our annual conference, November 5-7 in Denver, Colorado where we will spend two-and-a-half days teaching you how you too can bring home local control. Click Here to learn about the conference.

Click Here to read the press release.

Click Here to read the petition to the FHA.

Click Here to read more about Texas coordination.

© 2009 American Stewards of Liberty: www.stewards.us

To search TTC News Archives click HERE

To view the Trans-Texas Corridor Blog click HERE

NTTA spends at least $35 million in staff salaries and postage to administer its billing system.

NTTA's late-fee collection has 'gotten out of hand,' state senator says

10/10/09

By DAVE LIEBER
Fort Worth Star-Telegram
Copyright 2009

As the North Texas Tollway Authority creeps more and more into our lives, drivers continue to have fits over steep fees levied when toll bills aren’t paid on time.
Apparently, the NTTA takes the word authority in its title quite seriously. It continues to charge customers who missed a few dollars in toll payments many hundreds of dollars in fines and fees. Some motorists say they never received the original bills.

State Sen. Jane Nelson, R-Flower Mound, says she has seen enough of what she calls "exorbitant" penalties. She says the $11 million in penalties collected from drivers since last year is the authority’s way of making up for lost revenue.

"It’s gotten out of hand," Nelson says. "What really bothers me is this is not supposed to be a revenue source for the NTTA. A fine should be a reminder that you need to pay for the tolls. But $11 million? That’s a lot of fines."
The authority says it also spent $35 million in staff salaries and postage to administer its billing system.

Nelson plans to hit the problem head-on in the Legislature: "The way we set it up, I’m not sure we didn’t give them too much authority. We need to go back and consider more oversight."

More authority over the authority. That comes as welcome news to drivers who say they’ve been burned.

For Star-Telegram readers who don’t travel east of Tarrant County very often, let me explain. Drivers who use toll roads in Dallas, Denton and Collin counties are encouraged to buy TollTags to hang on their windshield. Tags are read electronically, and the driver’s account is debited.

For those without a tag, the authority photographs their license plate and then mails a bill at a higher rate to the car’s registered owner. The authority is phasing out toll booths where cash is accepted and building roads with few booths.

If a toll-road scofflaw goes too long without paying, the case is referred to a justice of the peace (5,295 cases this year). In the end, an unpaid 45-cent toll can cost hundreds of dollars with added court costs. Geoff Hartford of Denton says a $3.17 toll charge cost him $139 in payments to a collection agency. He was charged with five late payment violations at $25 each.

"They sent the invoice to my old address in Argyle," he says.

The NTTA says that the invoices are sent to the listed address in government records and that the vehicle’s owner is responsible for updating the registration.

Charles Evans says he received a bill for $518 for about $18 in tolls. Two employees told him that if he didn’t pay the bill, he could be arrested, he said. Then the NTTA agreed to settle for $187. But when he went to the NTTA’s Web site to buy a TollTag, he found that if he bought a tag he could pay the $18 and clear his account.
"Their whole billing, fee and collection processes almost seem illegal to me," he says.

The authority changed its policy on negotiated settlements, but its computer system still asks customers to sign up for the old violation enforcement agreement. The NTTA says it is "currently working to correct" the problem.

Robert J. Tilka of Keller has complained to Nelson. He says the authority offered to cut his bill from $518 to $150.

"It’s like organized crime," Tilka says "It is a total money grab on the citizens of Texas, in my mind.  . . .  Is there not a way to get people fired from the board?  . . .  What is the best way to dispute this government agency?"

The NTTA declined to comment on Tilka’s remarks except to say public comment is always welcome.

The NTTA says its board "accepts comments from the public at all posted meetings." (Visit www.ntta.org to learn more.)

In September, tolls on the Dallas North Tollway and President George Bush Turnpike were raised 32 percent. The authority is trying to meet financial commitments, unify its system and respond to economic conditions, spokeswoman Sherita Coffelt says.

Last year, the authority oversaw the sale of $5 billion in bonds for refinancing debt and funding construction. This year the authority issued $1.2 billion in bonds.

The authority says it intends to revisit its fees and penalty policies at a meeting in November.

Former Fort Worth Mayor Ken Barr, who was appointed to the NTTA board last year, said he’s aware that the system has problems and is confident that the board will address them in the next few weeks.

"I think we need to take a very hard look at the authority’s procedures," he said, adding that it’s important to collect all tolls.

"It is very frustrating to try to collect from everyone and have a lot of people who would appear to purposely avoid paying," he said. "We’ve got an obligation to regular users to collect from everybody. But that’s extremely difficult to do."

NTTA Executive Director Allen Clemson says on the authority’s Web site: "The NTTA realizes that mistakes happen, confusion occurs or invoices are overlooked. That’s why we will waive 67 percent of administrative fees incurred if any violator takes care of the balance before the outstanding invoice is transferred to the collection agency.

"The purpose of administrative fees is to help pay for the cost of collection. They are not considered an additional revenue stream." But Nelson disagrees. She says that when she has questioned the NTTA, "they’ve been very defensive."

The Watchdog column appears Fridays and Sundays.

Watchdog alert Nelson needs ammunition to take on the authority. Send ideas, stories and comments to Jane.Nelson@senate.state.tx.us or Senator Jane Nelson, P.O. Box 12068, Austin, TX 78711.

About the NTTA The North Texas Tollway Authority is authorized to acquire, construct, maintain, repair and operate turnpike projects in North Texas.

The governing board’s members are Chairman Paul N. Wageman, Vice Chairman Victor Vandergriff and directors Kenneth Barr, Gary Base, Bob Day, David Denison, Michael Nowels, Bob Shepard and Alan E. Sims.

NTTA customer service: 972-818-NTTA (6882); www.ntta.org

© 2009 Fort Worth Star-Telegram: www.startelegram.com

To search TTC News Archives click HERE

To view the Trans-Texas Corridor Blog click HERE

"TxDOT needs to come up with a real plan that actually pays for these projects we know we need... and the legislative leadership needs to support it."

Expanding state's 'main street' of I-35 will take $2.2 billion

TxDOT has committed just 14 percent of funding, but money from Proposition 12 could help close gap for expansion, improvement of I-35.

10/10/09

By Ben Wear
Austin American-Statesman
Copyright 2009

State transportation officials, even as they were declaring this week that plans to build a tollway twin to Interstate 35 had died, said it will take about $2.2 billion to "complete" Interstate 35 from San Antonio to north of Hillsboro.

Trouble is, only $278 million is currently committed to completing the expansion of what was a four-lane freeway to six lanes, along with building 18 bridges and making other frontage lane, ramp and interchange improvements, the Texas Department of Transportation said.

The public and the Legislature have made it clear that the toll option is off the table for I-35.

"I don't think there's any appetite on the (Texas Transportation) Commission to toll those added lanes," said Ted Houghton, an El Paso businessman appointed to TxDOT's governing body in 2003. During the thick of the political fight over tollways the past few years, Houghton had been solidly behind just about any turnpike approach. No longer.

So, without tolling new lanes, where would the money come from?

"TxDOT needs to come up with a real plan that actually pays for these projects we know we need — and the legislative leadership needs to support it," said state Sen. Kirk Watson, D-Austin, vice chairman of the Senate Transportation Committee. "And that plan, as we've seen, cannot be based around short-sighted deals that sell our infrastructure to private corporations. We know Texans won't support such a plan — nor should they."

Houghton said some of the money could come from Proposition 12 funds. He was referring to a constitutional amendment approved by voters in 2007 that will allow TxDOT to borrow up to $5 billion and pay it back with money from general state revenue rather than the agency's main funding source, motor fuels taxes.

The 2009 Legislature released the first $2.85 billion of that, $1 billion for the "state infrastructure bank" (from which TxDOT lends money for transportation projects) and the rest for TxDOT to spend on road work.

The Transportation Commission is still mulling over how to spend that stash.

It has heard from legislators who advocate spending it on rural projects, on urban projects, on new construction and on maintenance. The bottom line is that while I-35 from San Antonio to Hillsboro could get a large chunk of Proposition 12 money, conventional wisdom suggests that it will be spread around Texas.

Which means the 50 or so projects on TxDOT's I-35 to-do list could take awhile.

The road is already six lanes from San Antonio through Austin and north to the Williamson-Bell county line, the segment north of Georgetown having been completed in 2003. TxDOT envisions spending only $167 million in that stretch for bridges and interchanges in Hays and Bexar counties. The congestion through Austin would go unaddressed for now.

The rest of the money would be used in the 100 or so miles from near Salado to the fork where I-35W heads to Fort Worth and I-35E strikes out for Dallas. That section is still mostly four lanes, with six-lane stretches between Belton and Temple, through Waco and in the last few miles before the split north of Hillsboro.

Three expansion projects are under way — one near Salado, a second south of Waco and a third south of Hillsboro — and money is committed for three more expansion projects that would commence next year in Bell and Hill counties, along with some bridge and frontage roads projects at various spots along I-35.

The overwhelming amount of the work, including almost 60 miles of four-lane I-35, remains unfunded for now.

"It's the main street of Texas," Houghton said. "We need to fix it."

bwear@statesman.com, 445-3698

© 2009 Austin American-Statesman: www.statesman.com

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To view the Trans-Texas Corridor Blog click HERE

Is the Trans-Texas Corridor dead? No...it is mortally wounded..."

TxDOT Recommends the "No Build Alternative" for their TTC-35 FEIS

You might have seen the headline, but what exactly does that mean?

10/9/09

CorridorWatch.org
Copyright 2009

Is the Trans-Texas Corridor dead?

No it is not dead. But it is mortally wounded and expected to die.

Criticism of the TTC has recently developed into a high profile campaign issue (again) making the timing of this “No Build Alternative” announcement highly suspect as being politically motivated.

The problem is the TTC can’t die soon enough.

Highways developed using federal funds are required to comply with the National Environmental Policy Act (NEPA). Because of the extensive legal process involved, the final decision called the Record of Decision, can’t be issued until sometime in 2010 at the earliest. In any case it just can’t happen before the March primaries next year, and maybe not even before November general election.

Running for reelection in 2010, the Governor who devised, championed, and made every effort to force the construction of the TTC now needs voters to forget about it.

Has the contract with Cintra-Zachry been cancelled?

No, it has not been cancelled. It won’t be cancelled until a “No Build Alternative” ROD is issued.

The “No Build Alternative” recommendation – forced, not volunteered.

Overwhelming public and legislative opposition to the TTC has forced TxDOT to act. [letter]

It is a common misconception that the required environmental impact study (EIS) is limited to endangered species and pollution. It is not. NEPA requires an examination of the project to include economic, social and community impact as well. Public opposition is a specific element of the EIS. The number of negative comments received on the TTC created a tremendous obstacle to overcome.

Add to that a dramatic lack of support in the legislature and a pending Sunset review.

Also consider the long list of issues related to TxDOT’s handling of the NEPA process. CorridorWatch and other organizations have filed numerous comments and complaints that are yet unresolved. Several of those issues would likely lead to legal action if the TTC move forward.

And, there may be even more significant problems hidden from public scrutiny.

Apparently TxDOT still does not believe honesty is the best policy.

TxDOT would have us believe that they are being genuinely responsive to public comment. New information now contradicts that and indicates that the Federal Highway Administration itself motivated the “No Build Alternative” recommendation.

In a notice filed yesterday (10/8/2009) by Cintra Concesiones de Infraestructuras de Transporte, S.A. (Cintra) with the Comisión Nacional del Mercado de Valores (market regulator) in Spain, Cintra reported that TxDOT’s “No Build Alternative” recommendation is the result of comments received from the Federal Highway Administration. That was omitted from what TxDOT said at their press conference. Either Cintra has it wrong or they know something that TxDOT has avoided disclosing to the public.

Commissioner Houghton just doesn’t get it!

Transportation Commissioner Ted Houghton participated in Wednesday’s “No Build Alternative” press conference. At the podium he introduced himself as “the most arrogant commissioner of the most arrogant state agency in the history of the state of Texas.”[video clip] Anyone seriously concerned about the public perception of TxDOT would never had stood in front of an assembly and uttered those words, joking or not.

The more Houghton spoke the more he demonstrated the vast disconnect between the Transportation Commission and the message TxDOT management was trying to present.

TxDOT executive director Amadeo Saenz said their announcement shows that the process works. Houghton said it was the result of TxDOTs failure to market the project.

Saenz said citizens performed their civic duty by participating in hearings and voicing their concerns. Houghton divided citizens objecting to the TTC into four broad groups and proclaimed that only those in the landowners group had valid concerns.

Houghton continues to build the case for dismantling the Commission and adopting some other form of accountable leadership.

© 2009 CorridorWatch.org: www.corridorwatch.org

To search TTC News Archives click HERE

To view the Trans-Texas Corridor Blog click HERE

What REALLY killed the TTC-35 section of the Trans-Texas Corridors?

Corridors--especially TTC-35--continue to be killed

10/9/09

Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)
Copyright 2009

MORE BLOWS AGAINST THE CORRIDOR

This week, more of the building blocks enabling the Trans-Texas Corridor, specifically TTC-35, have been destroyed. Previously, in the special session, legislators killed the funding mechanism for the Corridor—the Comprehensive Development Agreements (CDA) with private companies. Also earlier this year, TxDOT announced it would not proceed with the overall Corridor plan and would consider it segment by segment. Now, TTC-35 has been terminated in two different ways:

1) CINTRA/ZACHRY CONTRACT CANCELED

First, TxDOT has canceled the contract with Cintra, the Spanish corporation, and its partner Zachry to build TTC-35. Cintra/Zachry had a CDA with TxDOT to plan and build TTC-35. In the special session, the overall CDA process was done away with, and now Cintra’s specific CDA has been canceled. Cintra has produced a plan, has been paid millions for planning, and may be paid more millions for the state to extricate itself from the complicated contracts negotiated by Giuliani Bracewell (the law firm of Perry pal Rudy Giuliani). However, Cintra will not do any building on TTC-35 except for the two southern segments of SH 130 that are underway and which will now be considered SH 130, not part of TTC-35.

2) NO-BUILD OPTION/NO ACTION ALTERNATIVE

Secondly, the environmental process on TTC-35 ends with a recommendation by TxDOT to the Federal Highway Administration to do nothing—called the “no-build option” or the “no action alternative.”

TxDOT, using taxpayer funds, spent years of time and energy and millions of dollars on TTC-35, reportedly $131 million for planning and environmental work. In addition to all of this wasted effort and money on the part of TxDOT, there are the untold volunteer hours, contributions, and worry on the part of residents in the threatened areas and supporters around the state.

The Draft Environmental Impact Statement (EIS), the 4,000-page document showing a general TTC-35 route, was released in 2006, and the Final EIS was scheduled to be released in 2007. TxDOT officials said that the decision not to build TTC-35 was in response to comments from citizens received during the environmental process. Of course, during the entire TTC-35 ordeal, TxDOT has not cared at all about citizens’ opinions.

WHAT REALLY KILLED TTC-35:

1) COMMUNITY AND POLITICAL PRESSURE IN THE LEGISLATURE

Even though citizen comments per se did not affect TxDOT, it was important that tens of thousands of residents attended the various levels of meetings and hearings, spoke against TTC-35, signed petitions, and submitted written comments. This effort formed the foundation of community organizations working against the Corridor and the process of influencing legislators and electing new legislators.

This, in turn, resulted in the legislature gradually turning against the Corridor and eliminating the Comprehensive Development Agreement tool.

2) EASTERN CENTRAL TEXAS SUB-REGIONAL PLANNING COMMISSION (ECTSRPC)

The reason that TxDOT and the Federal Highway Administration finally had no way to continue with the TTC-35 EIS was the action of the ECTSRPC in Bell and Milam counties. Five small towns and their associated school districts formed their Sub-Regional Planning Commission, and by state law, TxDOT was compelled to “coordinate” with their Commission. This meant that TxDOT had to take into account what the ECTSRPC citizens wanted and cover all required issues in the EIS process. TxDOT had not done this, meaning that the EIS was not legal and could not be recognized as legal by the Federal Highway Administration.

The ECTSRPC announced: “Selecting that option [no build] was exactly what the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) forced TxDOT into choosing. . . . The planning commission began a series of what is called coordination meetings in the fall of 2007, by utilizing a little known state statute that forced the behemoth agency to come to Holland, Texas. . . . TxDOT came to Holland on three different occasions where they were asked to explain why they were going to destroy five towns and their school districts with a 1,200 foot-wide, 146 acre per mile toll road.

“‘Through coordination, we forced them to our table and then we used the federal NEPA (National Environmental Policy Act) statute to box them in a legal corner out of which they could not escape,’ stated Ralph Snyder, a local Holland businessman and board member of the ECTSRPC. ‘That's what forced TxDOT to recommend 'No Build' to the Federal Highway Administration because we had shown how TxDOT, as the agent of the federal government, had violated the federal statute in at least 29 ways,’ Snyder continued.

“Fred Grant, president of American Stewards of Liberty, is the originator of the coordination strategy that brought TxDOT to their knees.”

FUTURE OF TTC-35 AND THE CORRIDOR CONCEPT

Some more time and paperwork is required to complete the TTC-35 EIS process, at the end of which the Federal Highway Administration will issue its Record of Decision approving the “No Action Alternative.” This is what so many of us asked in our comments, never thinking it would actually happen--it hardly ever happens--but now it is the final result!

Even though the Legislature has gradually turned against the Corridor concept, the legislation enabling it is still on the books. In addition, the Trans-Texas Corridor began as Gov. Perry’s “vision,” and he has never renounced it. We have to remain vigilant as long as the Corridor statute has not been repealed, and as long as Perry or anyone else who supports the concept is in the governor’s office.

© 2009 ACRE: acretexas.blogspot.com

To search TTC News Archives click HERE

To view the Trans-Texas Corridor Blog click HERE

“We knew last March that Segment E wasn't shovel-ready, so it's good that everyone else has figured that out.”

Grand Parkway stretch in W. Harris Co. not so shovel-ready after all

Oct. 9, 2009

By JAMES PINKERTON
Houston Chronicle
Copyright 2009

Harris County officials will ask the state to shift $181 million in federal stimulus funding from a controversial toll road portion of the Grand Parkway to other local projects, citing delays obtaining federal permits that “might never be issued.“

This summer, Commissioners Court approved the use of stimulus funds earmarked for Texas highway projects, declaring segment E of the Grand Parkway outer loop project closest to “shovel-ready“ status. The 15-mile portion of the controversial parkway loop would link U.S. 290 with the Katy Freeway.

The proposed re-allocation was hailed by transportation activists and environmentalists, including some who believe difficulty obtaining a wetlands permit could halt, not only the 15-mile segment E, but scuttle the rest of the proposed 180-mile loop through seven counties.

County Judge Ed Emmett, who as a state legislator in the mid-1980s sponsored legislation creating the Grand Parkway, said the smaller toll road project is vital to county transportation needs and he was confident it will be built.

“It's still going to happen,” Emmett said. “This is in no way a crippling blow to segment E. It's not even a damaging blow. We thought we were going to have some stimulus money, and now we won't have that.”

The stimulus funds are supposed to be used for “shovel-ready” projects, those that are closest to actual construction, but awaiting funding to begin. Last March, the county let about $10 million in engineering projects to get segment E “shovel-ready.”

Delay in permit

The recommendation that the county withdraw the project from the Texas Department of Transportation's list of stimulus projects was made by Art Storey, who heads the county's Public Infrastructure Department.

“Staff and consultants have worked diligently and successfully to be on schedule to meet the deadlines to enable Segment E construction to qualify for and receive the stimulus funding, but the federal permit from the U.S. Army Corps of Engineers cannot be completely processed by the required mid-February date,“ Storey said in a letter to the court this week. “In fact, because of conflicts over environmental impacts and mitigation, that permit might never be issued.”

TxDOT spokesman Chris Lippincott said the department would wait for a vote of Commissioners Court.

“We work with the Harris County leadership on a number of projects, and if they make a request related to any transportation projects, I'm sure that request will receive serious consideration,“ Lippincott said. “I think the dollars can be re-allocated, but that's a TXDOT decision.”

Commissioner Steve Radack, whose Precinct 3 contains the proposed segment E, described the loss of stimulus funds as a “huge” development in the decades-long saga of the Grand Parkway.

“When it comes to expecting Harris County to turn this into a shovel-ready project almost overnight, people need to realize that Harris County is a government, not a funeral home,” Radack said. “When it comes to getting any permits and working our way through any possible litigation, between federal permits and the lawsuits, it's hard to calculate how many years something could be delayed.”

The U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department oppose a permit to build in wetlands along Segment E, saying the highway project would affect much more than the 45 acres addressed in a mitigation plan.

“We are encouraged that Judge Emmett and the Harris County commissioners now recognize they need to take the time necessary to ensure that irreparable damage not be done to this great regional ecological resource, the Katy prairie, by the development of Segment E of the Grand Parkway,” said Mary Anne Piacentini, executive director of the Katy Prairie Conservancy.

‘Welcome news'

“This is stupendous news” said David Crossley, president of the non-profit Houston Tomorrow. “The Grand Parkway is such a huge determinant of how Houston will grow. To step back and think about that is welcome news. TxDOT's justification for it is they want to ‘open land for development,' but that kind of growth just isn't going to be happening in America anymore.”

Robin Holtzer, chair of the Citizens Transportation Coalition, an advocacy group that opposes the Grand Parkway, said the county's decision will free up stimulus money for more worthwhile projects, but probably means little for the future development of the parkway.

“We knew last March that Segment E wasn't shovel-ready, so it's good that everyone else has figured that out,” she said.

Chronicle reporter Mike Snyder contributed to this story.

james.pinkerton@chron.com

© 2009 Houston Chronicle: www.chron.com

To search TTC News Archives click HERE

To view the Trans-Texas Corridor Blog click HERE

Cintra: TxDOT gave up after U.S. Federal Highway Administration raised questions about the environmental impact of TTC-35

Cintra: Texas Recommends Dropping TTC-35 Highway Project

10/8/09

By Jason Sinclair
Dow Jones Newswires
Copyright 2009

MADRID--Spanish toll-road company Cintra Concesiones de Infraestructuras SA (CIN.MC) said Thursday that the Texas Department of Transportation had recommended against going forward with the Trans-Texas Corridor-35 highway.

In a filing to the Spanish market regulator, Cintra said the Texas state government made the decision after the U.S. Federal Highway Administration raised questions about the environmental impact of the planned highway.

In 2004, a Cintra-led consortium was chosen to design and plan the TTC-35 highway.

Cintra is already building another Texas highway called the SH 130, which won't be affected by the decision, the company said.

Cintra has won a number of projects in Texas as the state looks to build new roads and privatize existing ones through public-private partnerships.

Company Web site: http://www.cintra.es

91 395 8127; jason.sinclair@dowjones.com

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"TTC-35 will get the most expensive funeral of any project in state history."

Gilbert Warns That State Is Still On Hook For TTC Billions

Says Already Tight State Budget Could Take Serious Hit

Oct 07, 2009

Hank Gilbert for Governor
Copyright 2009

Link to Comprehensive Development Agreement – TTC-35 High Priority Corridor (03/11/05) courtesy of Corridorwatch.org.

TYLER—Although the Texas Department of Transportation is claiming the controversial Trans Texas Corridor is dead, Democratic Gubernatorial Candidate Hank Gilbert today warned Texans that the state is still likely on the hook for billions for terminating its contract with the company hired to build TTC 35.

Gilbert, who led the charge to kill the Trans Texas Corridor over the last several years and co-founded Texans Uniting for Reform and Freedom, an anti-toll road organization with San Antonio activist Terri Hall, says the TTC will get the most expensive funeral of any project in state history.

“At a time when our state budget is already stretched to the limit, I’d love for Governor Perry to tell us where the money is going to come from to pay off Cintra-Zachry for terminating this contract. They’ve already paid the state $1.2 billion in concessions to develop this giant land grab. You can’t tell me they aren’t going to get that—and more—back from the state and Texas taxpayers,” Gilbert said.

Cintra, a Spanish-owned company, partnered with Texas-based H.B. Zachry Construction to bid on and ultimately win the contract to build TTC 35, which the Texas Department of Transportation today announced was dead. TxDOT made a similar pronouncement in January.

“This is the second time TxDOT has allegedly killed the Trans Texas Corridor. Vampires die quicker than Rick Perry’s transportation policy,” Gilbert said. “I suspect the reason the death has been so slow is because the state has been wondering exactly how it will pay to terminate the agreement,” Gilbert said.

“Rick Perry’s debacle will cost the state a minimum of between $750,000 and $3.5 million dollars plus fees, charges, and penalties which could run into the hundreds of millions. It could take teams of lawyers and accountants months to determine the true dollar impact,” Gilbert said.

“The Comprehensive Development Agreement between TxDOT and Cintra-Zachry has paragraph after paragraph of termination clauses—including clauses relating to TxDOT terminating the contract for ‘convenience.’ The big question right now that no one is asking is how much this is going to cost Texans,” Gilbert said.

“Rick Perry made the TTC a centerpiece of his election campaign in 2002. Now, in 2009, as he is in another fight for his political life, he’s stopping it—or so he says. He develops and ditches transportation policy based on his level of panic related to whether or not he is going to be beat at the polls. That’s not sound policy, that’s political opportunism,” Gilbert said.

TxDOT’s decision to ditch the TTC comes on the heels of the announcement that the Texas Farm Bureau AgFund PAC was endorsing Perry’s opponent, U.S. Senator Kay Bailey Hutchison, in the GOP Primary. “There is no way that is a coincidence,” Gilbert said.

Gilbert also noted that Hutchison was far from blameless when it comes to Texas’ transportation woes.

“Senator Hutchison voted for SAFTEA-LU in 2005. This bill might as well have been captioned as enabling legislation for Rick Perry’s colluded vision for transportation policy in Texas. It designated 80 plus trade corridors including those that were part of the TTC plan, and gave the states the option to toll existing Interstate Highways. Her opposition to toll roads is, at best, insincere,” Gilbert said. “Those corridors will remain until Congress kills them. I don’t see Kay Bailey Hutchison introducing any legislation to that effect,” Gilbert noted.

“I would like to say this is a good day for Texas, because it appears that the hard work of myself, Terri Hall, and the 300,000 plus members of TURF, as well as the American Stewards of Liberty—all organizations who worked hard to kill the TTC—seems to be paying off.

But, it is the other payoff I’m worried about. I’m worried about Texas citizens now being on the hook to payoff Cintra-Zachry because Rick Perry allows his transportation policy to mirror his level of electoral panic,” Gilbert said. “It is a good day for the men and women who own hundreds of thousands of acres this mammoth highway would destroy, but a dark cloud still hangs over the state in fiscal terms,” he continued.

FACT SHEET

The Trans Texas Corridor: Brought To You By Rick; Enabled By Kay; Killed By Hank, TURF & American Stewards Of Liberty

TxDOT Has Already Spent Millions Developing The Now Dead Corridor. As of the end of FY 2008, TxDOT had spent at least $131 million on the Trans Texas Corridor, not including “indirect” costs. (Austin American-Statesman, January 9, 2009)

TTC 35 Is Dead, But How Big Are The Costs? TxDOT’s agreement with Cintra-Zachry to build the TTC 35 Corridor includes numerous clauses related to the termination of the development agreement, including a clause relating to TxDOT scuttling the project out of “convenience.” (Texas Department of Transportation TTC-35 High Priority Corridor Comprehensive Development Agreement, Conformed for Execution, 289215v22, March 11, 2005)

What About The $1.2 Billion? Cintra-Zachry (a consortium led by Texas-based H.B. Zachry Construction and Spanish company Cintra Concesiones de Infraestructuras de Transporte) paid the state $1.2 billion for the right to design, construct, and operate for up to 50 years a four-lane, 316 mile toll road running from the Dallas area to the San Antonio area. The proposal required the transfer of the right to build and operate TTC 35 as a toll road from the state to Cintra-Zachry. Now that TTC 35 is ‘dead,’ what happens to the $1.2 billion dollars? How much of a bill will Texans be responsible for?

The TTC Would Have Decimated Farms Across Texas. The Trans Texas Corridor was envisioned as a long-range plan for 4,000 miles of tollways, passenger, and freight rail lines. It was envisioned as up to 1,200 feet wide. The Austin American-Statesman called the TTC “a pasture- and cropland-consuming prospect that helped spark widespread opposition to the plan in rural Texas.” (Austin American-Statesman, January 9, 2009).

The Trans Texas Corridor Is Rick Perry’s Political Vampire. This is at least the second time the state has proclaimed the Trans Texas Corridor as being “dead.” In spite of a major media event in Austin today to read the TTC its last rights, Governor Perry claimed the TTC was dead back in January:

Gov. Rick Perry in 2002 unveiled with great fanfare the corridor plan as an almost $200 billion blueprint for the state’s transportation future and then took withering criticism for it in a tough 2006 re-election race. On Tuesday, he said, “The days of the Trans-Texas Corridor are over.” (Austin American-Statesman, January 7, 2009)

TxDOT officials, who will again declare the TTC “dead” today made similar pronouncements a month ago:

“Make no mistake: The Trans-Texas Corridor as we have known it no longer exists,” TxDOT executive director Amadeo Saenz said in a speech at an annual transportation conference. (Dallas Morning News, January 7, 2009)

Like a vampire, the TTC seems almost impossible to kill. Perry pronounced it dead ten months ago this week, as did TxDOT. Yet, it still lingers on life support?

State Auditors Raised Numerous Questions Over Corridor, Corridor Contracts. The Texas State Auditor’s Office accused the Texas Department of Transportation of downplaying potential costs associated with TTC and criticized TxDOT for being secretive about information relating to the Cintra-Zachry contract. TxDOT defended its more than a year of stalling on releasing portions of the contract in spite of the auditor’s rebukes. (Austin American-Statesman, February 24, 2007).

Perry’s Toll Road/TTC Policy Got Him Heavy Cash From Connected Donors. As of 2006, Governor Perry had received more than $1.2 million from individuals or political action committees with a stake in the Trans Texas Corridor. (San Antonio Express-News, November 4, 2006).

Governor Perry has received more than $200,000 from Zachry family members alone:

Contributor Name	Employer	Filer Name	Amount	Date	Report #
Zachry, David		Texans For Rick Perry,	$1,000.00	11/4/2002	212423
Zachry, David		Texans For Rick Perry,	$2,200.00	10/29/2003	239054
Zachry, David		Texans For Rick Perry,	$1,000.00	11/14/2003	239054
Zachry, David	Zachry Construction Corporation	Texans For Rick Perry,	$2,500.00	10/10/2005	298297
Zachry, David	Zachry Construction Corporation	Texans For Rick Perry,	$1,000.00	11/27/2007	360712
Zachry, David	Zachry Construction Corporation	Texans For Rick Perry,	$2,500.00	11/24/2008	400343
Zachry, H.		Texans For Rick Perry,	$1,000.00	7/30/2001	188871
Zachry, H.		Texans For Rick Perry,	$10,000.00	9/19/2001	188871
Zachry, H.		Texans For Rick Perry,	$5,000.00	10/7/2002	207160
Zachry, H.		Texans For Rick Perry,	$25,000.00	11/3/2003	239054
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$5,000.00	2/27/2004	254536
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$10,000.00	4/6/2004	254536
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$10,000.00	7/7/2004	267605
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$10,000.00	10/10/2005	298297
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$15,000.00	10/31/2005	298297
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$5,000.00	3/1/2006	317134
Zachry, H.		Texans For Rick Perry,	$5,000.00	3/1/2006	305020
Zachry, H.		Texans For Rick Perry,	$20,000.00	3/1/2006	305020
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$20,000.00	3/1/2006	317134
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$25,000.00	11/27/2007	360712
Zachry, H.	Zachry Construction Corp.	Texans For Rick Perry,	$10,000.00	11/24/2008	400343
Zachry, James		Texans For Rick Perry,	$2,500.00	9/19/2001	188871
Zachry, James		Texans For Rick Perry,	$1,000.00	10/7/2002	207160
Zachry, James		Texans For Rick Perry,	$2,000.00	11/4/2003	239054
Zachry, James	Zachry Construction Corp.	Texans For Rick Perry,	$2,500.00	10/10/2005	298297
Zachry, James	Zachry Construction Corp.	Texans For Rick Perry,	$1,000.00	11/24/2008	400343
Zachry, John		Texans For Rick Perry,	$1,000.00	9/19/2001	188871
Zachry, John		Texans For Rick Perry,	$5,000.00	10/1/2001	188871
Zachry, John		Texans For Rick Perry,	$1,000.00	10/7/2002	207160
Zachry, John		Texans For Rick Perry,	$1,000.00	11/4/2003	239054
TOTAL			$203,200.00

(Texas Ethics Commission)

Senator Hutchison Has Taken Thousands From The Zachry Family, Too. Senator Kay Bailey Hutchison is also a favorite of H.B. Zachry Company family members:

Contributor	Address	Date	Amount	Emp./Occup.	Image Number
ZACHRY, BARTELL	SAN ANTONIO	12/31/2007	400	ZACHRY CONSTRUCTION CORP./C.E.O.	28020071926
	TX 78209
ZACHRY, DAVID S	SAN ANTONIO	1/23/2004	2000	H B ZACHRY COMPANY	24020260496
	TX 78224
ZACHRY, DAVID S	SAN ANTONIO	6/9/1999	1000	H B ZACHRY COMPANY	99020081955
	TX 78224
ZACHRY, DAVID S	SAN ANTONIO	1/23/2004	2000	H B ZACHRY COMPANY	24020260496
	TX 78224
ZACHRY, DAVID S	SAN ANTONIO	7/1/1999	-1000	H B ZACHRY CO	20020070867
	TX 78224
ZACHRY, DAVID S	SAN ANTONIO	2/25/1997	1000	H B ZACHRY COMPANY	97020071979
	TX 78221
ZACHRY, DAVID S	SAN ANTONIO	7/1/1999	1000	H B ZACHRY CO	20020070867
	TX 78224
ZACHRY, H B JR	SAN ANTONIO	6/15/2004	2000	ZACHRY CONSTRUCTION CO	24020550164
	TX 78205
ZACHRY, H B JR MR	SAN ANTONIO	2/21/1997	1000	H B ZACHRY	97020071979
	TX 78205
ZACHRY, H B JR MR	SAN ANTONIO	6/25/2003	2000	ZACHRY CONSTRUCTION CO	23020292278
	TX 78205
ZACHRY, H B JR MR	SAN ANTONIO	3/12/1997	1000	H B ZACHRY	97020071980
	TX 78205
ZACHRY, H B JR MRS	SAN ANTONIO	6/25/2003	2000	HOMEMAKER	23020292278
	TX 78205
ZACHRY, H B JR MRS	SAN ANTONIO	3/12/1997	1000	HOMEMAKER	97020071979
	TX 78209
ZACHRY, H B JR MRS	SAN ANTONIO	6/15/2004	2000	HOMEMAKER	24020550164
	TX 78205
ZACHRY, H B JR MRS	SAN ANTONIO	2/21/1997	1000	HOMEMAKER	97020071979
	TX 78209
ZACHRY, J P MRS	SAN ANTONIO	4/4/1997	2000	HOMEMAKER	97020071980
	TX 78209
ZACHRY, J P MRS	SAN ANTONIO	4/19/1997	1000	HOMEMAKER	97020071980
	TX 78209
ZACHRY, JOHN B	SAN ANTONIO	1/23/2004	2000	H B ZACHRY CORPORATION	24020260496
	TX 78221
ZACHRY, JOHN B	SAN ANTONIO	3/10/1997	1000	H B ZACHRY COMPANY	97020071980
	TX 78221
ZACHRY, JOHN B	SAN ANTONIO	1/23/2004	2000	H B ZACHRY CORPORATION	24020260497
	TX 78221
ZACHRY, JOHN B	SAN ANTONIO	6/1/1999	1000	H B ZACHRY CORPORATION	99020081955
	TX 78221
ZACHRY, LAURA	SAN ANTONIO	3/7/2006	1000	HOMEMAKER	26020290341
	TX 78209
ZACHRY, LAURA B	SAN ANTONIO	4/21/2005	1000	HOMEMAKER	25020273126
	TX 78209
ZACHRY, MOLLIE	SAN ANTONIO	12/31/2007	400	HOMEMAKER	28020071926
	TX 78205
ZACHRY, NANCY	SAN ANTONIO	3/28/2006	1000	HOMEMAKER	26020290341
	TX 78209
ZACHRY, NANCY	SAN ANTONIO	9/27/2006	1000	HOMEMAKER	26020781485
	TX 78209
ZACHRY, NANCY E	SAN ANTONIO	1/23/2004	1000	HOMEMAKER	24020260497
	TX 78209

(Federal Election Commission)

Hutchison Enabled Governor Perry’s Trans Texas Corridor. Senator Hutchison voted for legislation allowing tolls to be charged on interstate highways, and established an Interstate Highway construction toll pilot program. This program allowed states, like Texas with the Trans Texas Corridor, to collect tolls on a highway, bridge, or tunnel on the Interstate Highway System in order to construct more Interstate Highways. (HR 3, 109^th Congress, 1^st Session, Vote 220, July 29, 2005)

Perry Said Trans Texas Corridor Would Be Great For Texas. Among his more outlandish claims, Governor Perry claimed that the Trans Texas Corridor would be beneficial for the Texas environment and actually reduce air pollution, and make Texans better stewards of our environment. (Editorial by Rick Perry; Press Release, Office of the Governor)

No Other Democrat Has Credibility On Private Property Rights. Tom Schieffer was a key player in the first instance of the use of eminent domain in Texas to seize privately held land for an entertainment venue. Between 11 and 13 acres ultimately controlled by the Texas Rangers’ were acquired through eminent domain with landowners owners receiving only $817,220 for the land, which a court later valued at being worth $4.98 million dollars. When landowners sued to get what they should have rightfully received for their land, Tom Schieffer said it was the “silly season in politics” and claimed the suit was a political stunt to derail his friend George W. Bush’s gubernatorial campaign. (SOURCE: Arrillaga, Pauline. “Property owners sue Bush, other officials.” Austin American-Statesman, September 1, 1994 & Zimbalist, Andrew. “If the Washington Redskins Are Worth $800 Million,” Texas Monthly, September, 1999.)

© 2009 Hank Gilbert for Governor: hankgilbert.com

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