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Cronyism and Rick Perry’s Trans Texas Corridor

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Link to blog here.

Monday, October 12, 2009

Cronyism and the Corridor

posted by paulburka at 3:07 PM

Texas Monthly blog
This is a scary story. The Statesman reported yesterday that Governor Perry is removing Linus Wright, a former Dallas school superintendent, as chair of the board that oversees the $88 billion Teacher Retirement System and will replace him with a current board member who is also a member of Perry’s campaign finance team, Dallas real estate investor R. David Kelly. (Wright succeeded Jim Lee, who was one of three co-chairs of the Perry fundraising apparatus; Lee had resigned in the wake of news reports that he had run up six-figure gambling debts in Las Vegas.)

The removal of Wright occurred just a few days after Perry had announced the death of the Trans-Texas Corridor. The juxtaposition of events reminds me of the old Mark Twain line: “Reports of my death were greatly exaggerated.” The concern is that the governor’s office has installed a crony as chairman who will urge the board to invest retirement system funds in toll roads as a means to pump money into funding-starved TxDOT. Perry appointees who don’t go along–as we have learned in the case of board of regents and the Forensic Science Commission–are likely to find themselves replaced.

I’m not just being an alarmist here. Remember, in the summer of 2008, Perry, Dewhurst, and Craddick signed a letter agreeing to work together to find a way to pay for new roads. An earlier Statesman story about the agreement said:

One prong of the plan would create a Transportation Finance Corporation to allow state investment funds — including the state employee and teacher retirement systems, among others — to directly invest in state transportation projects. Combined, the two state systems manage $135 billion in assets.

But TRS and ERS officials “took a cautious view of investing in state projects in testimony this year before the Senate Finance Committee, saying a mandate to invest in Texas infrastructure could conflict with their duty to find the best return on investment for retirees.”


Toll roads are highly questionable investments. Their success depends entirely on the accuracy of traffic forecasts, which can be influenced by consultants who tell roadbuilders (and pension funds) what they want to hear. The industry newsletter TOLLROADS NEWS reported on October 9 that a major toll road in South Carolina is insolvent and about to default:

US Bank, trustees for the bondholders of Connector 2000 Association, the owner of the Southern Connector tollroad in Greenville South Carolina have issued an official notice that they expect a default Jan 1, 2010 with insufficient funds being available from the pike to make debt service that’s due.

Here’s another story of a toll road that failed to make projections, also from TOLLROADS NEWS. This one is in Jackson, MS. It never even got to the starting gate:

Mississippi DOT (MsDOT) have announced “suspension” of the procurement process for a private sector concession to build the state’s first tollroad in the modern era – Jackson Airport Parkway. The concession financing depended on federal TIFIA loan support which is only provided if the rating agencies provide an investment grade rating to senior debt.

Three shortlisted potential concessionaires told MsDOT they couldn’t get the needed investment grade ratings for their loan financing, an official told us, so they were not able to make proposals which were formally due next week – Sept 15.

A statement from MsDOT quotes Executive Director Larry L (Butch) Brown as “disappointed” but saying that the parkway “project, like many other greenfield toll road projects, is suffering from general economic weakness and tight credit markets which limit the amount of credit and capital available for new transportation projects.”

Brown is quoted further: “The private sector needs to demonstrate that it can deliver meaningful savings versus a traditional MDOT financing and delivery plan. For example, unless private sector bidders can genuinely deliver construction cost savings, operational savings, or financing savings, the numbers just don’t work. In this economy, revenue projections are under pressure and investment grade ratings for the project’s senior debt are difficult to obtain.“

Trust funds should be invested conservatively — or, at the very least, in ventures that are medium-risk, not in toll roads and startups related to the governor’s Emerging Technology Fund, which, along with the Texas Enterprise Fund, suffered a $200M decrease in funding as punishment for Perry’s questionable wheeling and dealing. It will be very tempting for the governor to get Kelly to back his pet projects from the Emerging Technology Fund. These startups are likewise high-risk.

I don’t believe for a moment that Perry or TxDOT have given up on the Corridor. This paragraph from a 2008 article in the Star-Telegram is all you need to know:

Speaking on a conference call from Iraq, where he is visiting troops with other governors, Perry said highways that would run parallel to north-south I-35 are still needed. The state’s commitment to building roads is what attracts many companies and jobs to the state, he said.

* * * *

The thing I find most interesting is that Perry removed Wright and replaced him with a crony in the middle of a governor’s race. What does that tell us? I think it says that he is supremely confident and he is going to do whatever he feels like doing and doesn’t care what the media (much less bloggers) are going to say about it. He had to know what people were going to say about his replacement of Wright, especially coming on the heels of his evisceration of the Forensics Commission, and he did not care. Rick Perry is one tough guy. Don’t think I don’t admire that.

DFW Connector toll deal DOUBLE TAXES Texans

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Link to article here. As a reminder, "managed lanes" means toll lanes that presumably "manage" the flow of traffic by pricing the poor and middle class off public roads in the name of a congestion-free commute for those who can afford the extra tax. What's even more of an outrage is the fact that stimulus money will be used to build the road, but you won't be able to drive on it without paying a DOUBLE TAX! So much for stimulus money going to help the economically distressed...

Huge DFW Connector in Dallas has small toll component
Posted on Fri, 2009-10-09
114
121
DFW Connector
Texas
 DFW Connector, a huge new expressway complex on the northern and northwestern edge of Dallas Fort Worth International Airport (DFW) will have a small toll component, but construction of the $1.02b project is being financed with tax revenues. Previously known as the TX114/TX121 project, it involves a complete rebuild and expansion of some 13.5km, 8.4 miles of these two expressways centered on where they merge and diverge, including modernization of six interchanges, two of them big 3 and 4 level jobs.

6.4km (4 miles) of the combined roads and TX114 will contain 2x2 toll "managed lanes."
TxDOT calls the contract for the DFW Connector a "comprehensive development agreement" (CDA), their infinitely elastic Orwellian term covering any arrangement whatever from minor project development consulting and environmental permitting, through regular construction, design-build, through to full blown 50 year DBFO toll concessions.

TxDOT announced they this week "executed a comprehensive development agreement" - actually this one is a plain vanilla design-build contract - for the DFW Connector Oct 6 with North Gate Constructors, a consortium led by Kiewit and Zachry construction companies.

These companies were conditionally awarded the contract back in March while arguments raged about financing and the role of the private sector.

TxDOT announces: "While the DFW Connector is a CDA project, it is being built without private funds."

(TERMINOLOGY: one benefit of the demise of Trans Texas Corridors, we hoped, would have been the end of their CDAs 'comprehensive development agreements.' But sadly this mangled, accursed term lives on at TxDOT - editor)

Funding for the DFW Connector "CDA" is $250m of ARRA 'stimulus' funds from the Feds, $107m in bond borrowings, and the rest unspecified "public funds."

24 lanes wide

It is a magnificent and vast piece of engineering. The heart of DFW Connector is a 4km (2.5mi) stretch of cosigned highways TX114 and TX121 presently 8 main lanes and 4 frontage road lanes (2/4/4/2). The new construction will go to to 13/14 main lanes, 4 toll lanes and 6/7 frontage road lanes (3/6/7/4). That's an average width of 24 travel lanes, plus 8 breakdown shoulders in each of the four roadways, plus a pair of 'green' lanes (bicycles) on the left side of the frontage roads.

The western ends of the project split into TX121 and TX360 south and TX114 north.

At the eastern end the big cosigned 24 lanes connects to the northern entrance to the airport and TX114, I-635 LBJ Freeway and TX121 Sam Rayburn Tollway break off. The sprawling DFW airport complex has forced all these traffic routes together for a distance along its northern periphery in an area named Grapevine.

Present traffic on TX114/TX121 is around 189k veh/day and the $1.02b of improvements are designed to cater for 2030 projected traffic of 359k veh/day.

North Texas Tollway Authority (NTTA) will operate the toll lanes, collecting tolls all-electronically. Revenues will go towards defraying operations and maintenance costs.

TxDOT say traffic volumes and speeds will dictate the tolls within each peak period and the rates will be set to allow speeds of 50mph (80km/hr) or more. Modeling suggests average toll rates of 16c/mile (10c/km) in 2014 when the facility opens rising to 24c/mile (15c/km) in 2029.

Carpoolers may get a discount. Transit buses will go free and trucks will be admitted but at higher tolls relative to axle count.

A later stage will extend work for another 9km (5.6 miles) and bring project cost exclusive of right of way to $1.5b.

TOLLROADSnews 2009-10-09

Editorial: End reliance on toll roads

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Link to article here.

Editorial: End reliance on toll roads
October 8, 2009
Dallas Morning News blog

In 2004, Gov. Rick Perry announced his plans to build the Trans Texas Corridor, and in 2009, it cost him an important endorsement from the Texas Farm Bureau. The TTC would have been funded using comprehensive development agreements, a form of privatized toll road arrangement. Opposition to the governor's plan has been so widespread and heated that five years later, the Texas Department of Transportation has declared the TTC "dead."

Road privatization offers a hard-to-resist "quick fix" for state politicians. But without adequate public protections, privatization can have hidden costs and big potential downsides. Private infrastructure deals are fraught with problems and often characterized by the same leveraging of debt, conflicts of interest and reckless shifting of risk that triggered the recent financial crisis.

To protect the public, Texas and its local governments should avoid privatization of existing roadways, and allow for private deals to construct new roadways only with the strongest protections to ensure transparency, full value for taxpayers and continued public control of transportation policy.

Melissa Cubria, advocate, Texas Public Interest Research Group, Austin

Five mayors defeat the Trans Texas Corridor

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Public Private Partnerships
Here's the REAL reason Rick Perry's highway department killed the Trans Texas Corridor TTC-35 project after five years of fierce opposition from the people of Texas.

 

FOR IMMEDIATE RELEASE

October 7, 2009                                   

Contact:  Mae Smith, President/Mayor, 254-657-2460

 

Mayors Defeat Trans-Texas Corridor and TxDOT
 

Holland, Texas - Five local mayors took a stand 27 months ago and formed the state's first sub-regional planning commission to stand up against and stop once and for all the governor's massive land grab known as the Trans-Texas Corridor. No one thought they could.

Today, the Texas Department of Transportation and the governor announced that the State of Texas has officially killed the project by selecting the "No Build" option under the environmental impact statement study. Selecting that option was exactly what the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) forced the Texas Department of Transportation (TxDOT) into choosing.

"Believe me, it wasn't what they wanted to do, it's what we forced them to do," stated Mae Smith, Mayor of Holland and president of the ECTSRPC. 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. "Had we not had five courageous mayors who represent a total of 6,000 people stand up to the governor and his rogue state agency, the Trans-Texas Corridor would have destroyed hundreds of thousands of private acres of prime and unique farmland, as well as, the economies of every community it dissected," stated Grant.

The TTC-35 is just one of the 4,000 miles of toll roads that nine state planning commissions are fighting.

"TxDOT can still continue to build 130, TTC-69, and the Ports-to-Plains toll roads, but defeating the TTC-35 is a major victory for the rural people of Texas."

To obtain a copy of the petition filed by the ECTSRPC showing the federal violations of TxDOT, please contact American Stewards of Liberty at 512-365-2699.

-30-
Read blog with more on this story here.

Perry pulls plug on Trans Texas Corridor…but another lives on

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Public Private Partnerships
By Terri Hall
Express-News / Houston Examiner
October 6, 2009

If you believe Rick Perry, today he’s finally conceded the death of the initial Trans Texas Corridor foreign-owned toll road, land-grabbing superhighway that would have paralleled I-35, called TTC-35. However, there’s LOTS more to this story.

Perry would have us believe the announcement was because of the lack of political support, but since when does he care a flip about whether his toll road policies have political support? Look no further than his veto of eminent domain reform legislation, HB 2006, and the private toll moratorium bill, HB 1892, passed by a supermajority of the Texas Legislature in 2007 for proof.

There’s never been grassroots support for his hefty toll tax increases nor the Trans Texas Corridor. The REAL reason Perry’s highway department, the Texas Department of Transportation (TXDOT), put the nail in the coffin of TTC-35 was because it was under the threat of a federal lawsuit by a local government commission, the Eastern Central Texas Sub-Regional Planning Commission, which was formed to stop TTC-35 dead in its tracks.

There’s nothing that puts more fear in a politician up for re-election than a messy, well-publicized federal lawsuit against one of his most controversial, polarizing policies. So rather than risk certain death at the polls, Perry opted for the death of his beloved special interest TTC-35. Of course, the Texas Farm Bureau’s endorsement of Senator Kay Bailey Hutchison for governor played a role in the timing of the announcement.

Hutchison said in a statement today: “The Trans-Texas Corridor will not be officially dead until Rick Perry is no longer governor and his political appointees are no longer running TxDOT. Texans can’t trust Rick Perry when it comes to protecting their land from the government, ceasing to lease our highways to foreign companies or ending the Trans-Texas Corridor.”

I couldn’t agree more.

Trans Texas Corridor #2 still alive & well


To demonstrate the point that Texas isn’t safe from Perry’s policies until he’s kicked out of office, the Trans Texas Corridor plan #2, known as TTC-69/I-69 in the hands of Spanish company ACS, is still on the table.

“Officials said that project (69), which unlike the I-35 plan would mainly involve expanding existing highways, remains alive,” according to the Austin American Statesman on October 6, 2009.

When over 28,000 Texans went on the record AGAINST TTC-69, it goes to show Perry’s same ol’ stubborn indifference to the people of Texas in regards to the Trans Texas Corridor.

He throws the public a bone over here (saying the “TTC-35 is dead”) in order to distract from an equally controversial debacle over there (TTC-69) that threatens to damage the environment, private property rights, and the economic prosperity of thousands of Texans.

Bottom line: Texans can’t trust Rick Perry to keep his word or to truly KILL his destructive, detested toll road agenda. The only sure way to keep Texas safe is to give Perry the boot!

TxDOT accounting tricks use funny money, cause us to lose $100 million in highway funds

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By Terri Hall
Express-News & Examiner
October 4, 2009

The average Joe barely puts his toe into the morass of transportation funding woes, but when the un-elected highway department becomes a defacto taxing entity through tolling, Joe's pocketbook will soon take note.

Since Rick Perry led Texas away from a pay-as-you-go system into a borrow-toll-and-spend-money-we-don't-have regime, TxDOT's "books" have been in a complete shambles (ie - its $1.1 billion "accounting error" last year that derailed dozens of promised highway projects). It takes an incredible skill in accounting, that TxDOT apparently lacks, to keep up with the cashflow to cover mounds of toll road debt and the increasing number of promises the agency just can't seem to keep.

The accounting trick this time involves something called "contract authority," where the highway department can put a certain amount of money in projects under contract before there's actually money there to do it. Federal and state lawmakers encourage this game played with what amounts to Monopoly money, and no one is the wiser until it catches up with them. Like it did a few days ago.

The federal highway bill that passed in 2005 just expired on September 30. President Obama has several front burner bills, healthcare and cap and trade, ahead of any new transportation bill and Congress couldn't even agree on a 3 month extension bill, so it punted and passed a one month bill that continues the current law until a new bill or another extension bill is passed.

So you may have heard that the feds made over $8 billion in "rescissions" (or cuts) to highway funds, and will require the states to return money to Washington. Texas owes the feds $742 million. I mean how could they give us the money we send to Washington only to take it back again? Sounds ridiculous, right? Well, actually the vast majority of the rescissions don't involve REAL money. It involves this "contract authority" nonsense where the project gets "obligated" with funny money that doesn't exist, and rescissions only affect funds that aren't obligated yet.

So in reality, only about $100 million in REAL money is actually at stake. Sadly, TxDOT could have avoided the $100 million loss by simply making sure all the federal money was obligated. By its own admission, TxDOT knew it was coming and didn't properly prepare for it. Now it has to return $100 million in desperately needed transportation dollars when it has been claiming we're completely OUT OF MONEY for roads in a scheme to make us accept Perry's toll-everything policies. Thanks to TxDOT's failure to obligate the funds, the "we're out of money" mantra is getting some legs.

Perry, whose political appointees run the highway department, is playing the blame game in the government version of Monopoly, but he's got no one to blame but himself.

Former Bush Transportation appointee now lobbies to privatize & toll public freeways

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Link to article here.

The revolving door continues as former Bush Transportation Secretary Mary Peters leaves a public appointment to lobby against taxpayers for the MOST expensive transportation tax, public private partnership (PPP) toll roads and a vehicle miles traveled tax (charge by the mile). Shouldn't surprise us Zachry, Trans Texas Corridor and toll road extraordinaire, is one of her first clients. How cozy!

Web Posted: 10/03/2009

Transportation mileage tax urged

By David Hendricks - Express-News
SAN MARCOS — With gasoline tax revenue plummeting as people drive less and vehicles become more fuel efficient, federal and state agencies must find a new tax to maintain and expand the nation's highway and road system, former U.S. Transportation Secretary Mary Peters said here Friday.

Peters said she favored a vehicle miles tax, or VMT, as a replacement to the decades-old gasoline tax, not as a supplement to it.

“The technology exists for it,” Peters told about 400 people attending the Austin-San Antonio Corridor Growth Summit at the San Marcos Convention Center.

A vehicle miles tax would be levied by navigational devices in vehicles. Mileage information would be read by other devices at gasoline stations. The tax rate could be adjusted to higher rates for driving in high-traffic corridors and/or for larger, less-fuel efficient vehicles.

The only problem with the VMT technology involves privacy, she acknowledged, since personal information about trips, times and dates would be recorded.

“Americans are driving less, using less fuel and therefore contributing fewer revenues to transportation even at a time when our needs are increasing substantially,” said Peters, who was transportation secretary from 2006 to 2009 under then-President George W. Bush.

The federal highway trust fund required extra allocations beyond gasoline tax revenues the past two years to remain solvent, she said.

“Medicare, Medicaid and Social Security are taking increasing amounts of federal nondefense discretionary revenues, leaving transportation to compete for funding with education, health care and climate change. We won't win that battle,” she said.

Peters urged Texans to be heard in the debate as Congress prepares a new transportation budget, especially since Texas receives back only 92.5 cents for every $1 in gasoline tax it sends to Washington. Alaska, in comparison, receives $6 for every dollar and West Virginia about $4.

“I'm sure some of you are frustrated sitting in traffic in Texas when some of the funds are being used to restore covered bridges in Vermont, some of which don't even carry traffic,” Peters said.

Peters said the federal highway funding formulas need to change to allow states more flexibility in determining how to spend their allocations.

Better highways are needed to reduce congestion.

“Here in the San Antonio area, you waste 26,000 gallons of fuel per year and lose more than 27,000 person hours to delay, at a cost of more than $27 million a year,” Peters said.

The Transportation Department also needs long-delayed allocations to modernize the air-traffic control system, she said. Airliners can fly more direct routes under a satellite-based navigation system and avoid the delays under the current ground-based radar equipment, Peters said.

Since leaving office in January, Peters has started her own company, Mary E. Peters Consulting Group. One of her clients is San Antonio's Zachry American Infrastructure, a Zachry Corp. company. Peters is helping the company raise awareness of public-private partnerships in transportation projects.

Feds to take back $742 million in highway funds

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Link to article here. See also this news report on the rescissions from Jim Grimes. Read TURF's Examiner and Express-News article that explains this accounting trick here.

$742 million in road funds previously promised to Texas to be taken back
Friday, Oct. 02, 2009
By GORDON DICKSON
Star-Telegram

The government puts money for road work in one pocket, then takes it out of another. It’s the type of thing many motorists are no doubt tired of hearing, but it’s happening again.

Earlier this year, billions of federal Recovery Act dollars were sent to the states — including $2.25 billion to Texas — to speed up road improvements, improve congestion for motorists in clogged metro areas and boost the economy. Local officials were optimistic that, with the stimulus funding, long-delayed projects could finally get off the ground.

Now, in a separate move that may delay road work across Texas, the Federal Highway Administration, in an effort to balance its books, is taking back $8 billion in highway funds. The so-called rescissions includes the loss of $742 million in funds previously promised to Texas.

The action leaves North Texas road planners scratching their heads, wondering how they can keep projects on track.

"It really is a very strange situation," said Amanda Wilson, spokeswoman for the North Central Texas Council of Governments. "We’ve obviously funded our highest-priority projects first, but then the stimulus funding came in . . . so we found the next tier of projects. But now, if they’re taking away money from the priority projects we funded, now those next tier of projects jump over them in line."

The rescission affects federal dollars that haven’t yet been obligated. It comes after Congress failed to extend a federal transportation authorization law, originally passed in 2005, beyond its expiration date Wednesday.

At stake are projects such as the Southwest Parkway, a planned toll road from downtown Fort Worth to Cleburne, and the expansion of Northeast Loop 820 and Texas 121/183 — known as North Tarrant Express. But those projects, along with the makeover of Grapevine highways known as the DFW Connector, are generally thought to be safe from rescissions. Those projects depend on an investment from private developers or toll revenue, or both.

Even so, the $742 million in lost federal revenue has to come from somewhere, and state and local officials will spend the coming weeks figuring out which road jobs can be delayed — at least until Congress patches things up and passes a new, multiyear transportation bill.

Texas has returned $1.9 billion in federal funds during the past four years, a Texas Department of Transportation spokeswoman said.

Luckily, Texas didn’t count on receiving most of the $742 million in a timely fashion, so it doesn’t have to slam the brakes on existing projects, said Michael Morris, transportation director for the council of governments. Instead, it’s more likely that about $100 million in actual road work will be delayed, including perhaps $25 million or more in Dallas-Fort Worth.

"A lot of this money never existed," Morris said. "It won’t affect the contracts of any jobs already awarded, but it will affect projects we were committed to in the next two years," he said.

It really is a very strange situation."

Amanda Wilson,
North Central Texas Council of Governments spokeswoman

U.S. Senate returns raided highway funds with interest, may get derailed

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Highway Bill Extension Includes $20 Billion Trust Fund Boost
Texas Insider
September 17, 2009

Bill reimburses trust fund for interest not paid since 1999.

The Senate is expected to bring to the floor a bill that would extend the surface transportation law by 18 months and include a transfer of almost $20 billion from the general fund to the Highway Trust Fund.  The $51.5 billion draft measure — a consolidation of three Senate committee-passed bills — keeps the current law, governing highway, transit and transportation safety programs, going until March 31, 2011.

The revenue section, which falls under the jurisdiction of the Finance Committee, has been folded into the full extension bill, bypassing a panel vote.

The Senate legislation transfers $7.3 billion from the general fund to repay the Highway Trust Fund for money taken out over the years for emergency spending. The Senate bill also would reimburse the trust fund on interest it has not been paid since 1999.

To make up for the lost interest payments, the Senate bill takes $7.7 billion from the general fund for the highway account and $4.8 billion for the mass transit account.

Opponents argue that offsets should be included to cover the loss to the general fund, but supporters say it is money that is owed to the trust fund.

Fiscal conservatives may stand in the way of passing the bill by a voice vote.

Congress had a similar debate before the August recess when it was forced to pass a $7 billion transfer to the highway trust in order to keep promised transportation money flowing to states. The president signed the bill Aug. 7.

URL to article: http://www.texasinsider.org/?p=15450

Hutchison's ban on tolling existing roads extended

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Article linked here.

9/19/2009

Congress Renews Ban on Texas Toll Roads
Federal transportation appropriations legislation renews prohibition on new toll roads in Texas.

Kay Bailey HutchisonThe US Senate on Thursday voted to renew a prohibition on the tolling of existing freeways in the state of Texas. The measure was adopted as part of a larger $123 billion transportation appropriations bill for fiscal year 2010, which passed the House in July.

"None of the funds made available... by this act shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the federal-aid system in the state of Texas," HR 3288 states.

The ban is not complete. It includes exceptions for new construction, continued tolling on existing toll roads as well as the conversion of High Occupancy Vehicle (HOV) lanes into High Occupancy Toll (HOT) lanes. Under congressional rules, funding prohibitions placed on appropriations bills must be renewed every two years. The toll road ban was last enacted in 2007.

Because the provision was championed by Texas Senator Kay Bailey Hutchison, the issue has taken on a sharper political angle. Hutchison is looking to snatch away the Republican nomination from Governor Rick Perry, feeding on public opposition to tolling. Perry's campaign took shots at Hutchison for attempting to thwart the governor's plans to toll existing freeways and for inserting earmarks for state transportation projects into the bill. Hutchison's campaign fired back.

"Once again, Rick Perry is putting political gamesmanship above the needs of Texas," Hutchison's campaign responded. "Hutchison voted to ban toll roads and the double taxation of Texans on federally funded roads. This vote also increases the amount of federal tax dollars that come back to Texas for transportation needs, including much needed money to relieve traffic congestion."

Differences between the House and Senate versions of the bill must be worked out before it is sent to the president. Both chambers approved the anti-tolling measure.

Article Excerpt:

Excerpt from HR 3288

Sec. 125. (a) In General- Except as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that--

(1) as of the date of enactment of this Act, is not tolled;

(2) is constructed with Federal assistance provided under title 23, United States Code; and

(3) is in actual operation as of the date of enactment of this Act.

(b) Exceptions-

(1) NUMBER OF TOLL LANES- Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of non-toll lanes as were in existence prior to that date.

(2) HIGH-OCCUPANCY VEHICLE LANES- A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a non-toll lane for purposes of determining whether a highway will have fewer non-toll lanes than prior to the date of imposition of the toll, if--

(A) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority; or

(B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane to be replaced by a toll lane under a plan approved by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority.

Follow the money…$45 billion in lobbyists vie for $550 billion in federal dollars

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Center for Public Integrity has researched and identified all the lobbyists for transportation at the federal level in an interactive map which also shows what they are being paid. They've discovered $45 billion in lobbying is being spent for a share of the $500 billion federal transportation bill.

Link to the site here and see more below.

Mapping the Transportation Lobby

Help Us Find Projects in Your Area

By The Center for Public Integrity | September 17, 2009, 5:00 am |
The interactive map here plots the nearly 1,800 public and private groups nationwide that are lobbying on transportation. Most of these groups — primarily cities, counties, transit agencies, or development and construction interests — are looking for congressional help to fund projects like new highways and transit systems.

Vehicle tracking tax…what will they tax next?

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9/14/2009

Federal Proposal Would Spend $154 Million on Vehicle Tracking Tax
Oregon congressman wants to spend taxpayer money to develop nationwide vehicle tracking and taxing technologies.

Rep. Earl BlumenauerA Member of Congress proposes to use taxpayer money to fund the development of technology to track motorists as part of a new form of taxation. US Representative Earl Blumenauer (D-Oregon) introduced H.R. 3311 earlier this year to appropriate $154,500,000 for research and study into the transition to a per-mile vehicle tax system.

The "Road User Fee Pilot Project" would be administered by the US Treasury Department. This agency in turn would issue millions in taxpayer-backed grants to well-connected commercial manufacturers of tolling equipment to help develop the required technology. Within eighteen months of the measure's passage, the department would file an initial report outlining the best methods for adopting the new federal transportation tax.

"Oregon has successfully tested a Vehicle Miles Traveled (VMT) fee, and it is time to expand and test the VMT program across the country," Blumenauer said in a statement on the bill's introduction. "A VMT system can better assess fees based on use of our roads and bridges, as well as during times of peak congestion, than a fee based on fuel consumption. It is time to get creative and find smart ways to rebuild and renew America's deteriorating infrastructure."

In 2006, the Oregon Department of Transportation completed its own study of how to collect revenue from motorists with a new form of tax that, like the existing fuel excise tax, imposes a greater charge on drivers the more that they drive. The pilot project's final report summed up the need for a VMT tax.

"Unfortunately, there is a growing perception among members of the public and legislators that fuel taxes have little to do with road programs and therefore should be considered 'just another form of taxation,'" the March 2006 report stated. "By itself, this situation appears to be preventing any increases in fuel tax rates from being put into effect."

The money diverted from the fuel excise tax on non-road related projects must be made up for with a brand new VMT tax, the report argued. Merely indexing the gas tax to inflation or improvements in fleet gas mileage was rejected as "imprecise." Instead, the report urged a mandate for all drivers to install GPS tracking devices that would report driving habits to roadside Radio Frequency Identification (RFID) scanning devices.

Blumenauer is a long-time advocate of bicycling and mass transit in Congress. Many of his largest campaign donors stand to benefit from his newly introduced legislation. Honeywell International, for example, is a major manufacturer RFID equipment. The company also happens to be the second biggest contributor in the current cycle to Blumenauer's Political Action Committee (PAC), the Committee for a Livable Future. Another top-ten donor, Accenture, is a specialist in the video tolling field.

H.R. 3311 awaits a hearing in the House Ways and Means Committee. A copy of the bill is available in a 170k PDF file at the source link below.

Source: HR 3311 (Congress of the United States, 9/14/2009)

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Ohio fills in gap to proposed nationwide toll network

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To view a map that shows the multi-state network, view the original article here.

E-ZPass expansion connects Midwest and East Coast
By Larry Copeland, USA TODAY
September 16, 2009

The USA moves one step closer to a nationwide highway tolling system next month when the Ohio Turnpike joins a network covering the Midwest, Mid-Atlantic and Northeast.
The move on Oct. 1 will enable drivers equipped with E-ZPass transponders to travel from Maine to southern Virginia and west beyond Chicago and pay tolls electronically without stopping at toll booths. It's another sign of the spread of electronic tolling as a convenience for drivers and an increasingly common way to finance roads.

Ohio's decision to join E-ZPass creates an uninterrupted 14-state toll system, the nation's largest. "We finally filled the hole in the donut," says George Distel, executive director of the Ohio Turnpike Commission. "You can travel from Chicago to the East Coast. … We will all be linked with the same technology."

Ohio is late to the game because E-ZPass is more for customer convenience than congestion relief and because of the state's $50 million cost, Distel says.

When E-ZPass becomes available on 241 miles of toll road across northern Ohio, the system will be used by 25 tolling agencies and 18.6 million vehicles, according to the E-ZPass Interagency Group.

Gas tax collections — long a chief way to maintain roads and build new ones — have lagged in the recession and because of cars that guzzle less gas. As road construction costs rise and traffic congestion mounts, tolling — especially the electronic version — has emerged in many states as a way to fill the gap.

Twenty states, mostly in the West, currently have no toll roads or bridges.

A nationwide electronic system serving all toll roads, tunnels and bridges could be a reality within 10 years, says Neil Gray, director of government affairs for the International Bridge, Tunnel and Turnpike Association, which represents tolling agencies.

Existing technology makes it possible, but a major obstacle is forging agreements among tolling agencies to make sure toll revenue is distributed properly across state borders, Gray says.

More than 95% of the nation's tolling agencies are served by E-ZPass or TransCore, which supplies technology for electronic tolling systems in Georgia, Florida, Kansas, Louisiana, Oklahoma, South Carolina, Texas, Utah and Washington, says TransCore spokeswoman Barbara Catlin.

Technology exists to provide compatibility between TransCore systems such as TxTag in Texas and SunPass in Florida and E-ZPass, Catlin says. But the systems are unable to process each other's transactions because there are no agreements yet among tolling agencies.

North Carolina, which broke ground last month on its first modern toll road — the 18.8-mile Triangle Expressway in the Raleigh-Durham area — hasn't decided whether to use E-ZPass, TransCore or something else, says Reid Simons, spokeswoman for the North Carolina Turnpike Authority. "We are kind of stuck in the middle," she says.

The Ohio Turnpike, which carries about 150,000 vehicles daily, is adding an incentive to encourage drivers of passenger vehicles to use E-ZPass. Drivers won't see any rate hikes if they use E-ZPass, Distel says. But rates for drivers who pay cash will jump 40%.

Editorial: Leaving 281 off most congested list wreaks of politics

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News
Link to editorial here. Link to KTSA initial story on the blunder here.

KTSA reported the TxDOT blunder first. TxDOT's response to them initially was essentially that it simply didn't rank. Then, by the time the Express News printed a story on it, they were already acknowledging something was amiss. Now the Editorial Board is chiming in on what seems to be, quite obviously, politics playing a role in allowing 281 north of Loop 1604 to wither on the vine indefinitely. TxDOT and the RMA want to punish the citizens for daring to oppose their toll road agenda. It's their way or interminable gridlock.

09/14/2009

Answers needed on TxDOT report


At first glance, it seems like a joke.

The Texas Department of Transportation compiles a list of the 100 most congested road sections in the state, and what is widely believed to be the most congested road section in Bexar County doesn't even make the list: U.S. 281 from Loop 1604 to the Comal County line.

Eight roadways in Bexar County did make the list, including multiple segments of Interstate 35 and Interstate 10. The worst-ranked section locally — 10th on the statewide list — is a portion of Interstate 35 from U.S. 90 West on the Southwest Side to U.S. 281 north of downtown.

A TxDOT explanation of the congestion on this stretch of Interstate 35 notes: “A trip that takes 20 minutes in free-flow conditions will take approximately 33 minutes during rush hour.”

While that may be bad, many commuters can attest that the rush-hour congestion on U.S. 281 north of Loop 1604 is much worse. So how is it possible that TxDOT failed to place it on the list?

The TxDOT methodology describes a multistep process of compiling a statewide database of major roadways, review by “transportation staff familiar with the local road network” and the calculation of congestion measures by the Texas Transportation Institute.

Perhaps the initial database was deeply flawed and failed to identify U.S. 281 north of Loop 1604 for congestion problems. Even if this were the case, TxDOT experts who have familiarity with Bexar County roadways should have caught this glaring error as part of their review.

Either way, TxDOT — not the Texas Transportation Institute — flubbed the process. And the result is much worse than a joke.

Highway funds will naturally flow to the worst congested roadways in the state. Assuming the legal and environmental hurdles for construction on U.S. 281 are ever surpassed, it's not even on the list of priority projects.

Localleaders should be outraged at the TxDOT report. Bexar County residents who suffer through bumper-to-bumper commutes on U.S. 281 deserve to know whether something more than incompetence on the part of the state's transportation authorities is to blame.

Toll operator sues company for agressive toll road traffic forecasts

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Public Private Partnerships
Link to article here.

Aggressive traffic projections are coming home to roost these days, as motorists shun the extra toll taxes to get to work. Now toll operators are turning on the their own industry and suing companies who overpromise and underdeliver traffic for toll roads. The blood is in the water...here come the sharks!

Leighton starts lawsuit against ConnectEast
BY MARTIN COLLINS: John Durie | September 09, 2009

Article from:  The Australian

EVER since global credit markets shut 12 months ago, the infrastructure debate has centred on how to attract funding, and now Leighton has provided one more cause for concern.

Its contract dispute with ConnectEast highlights the fact that while developers and operators want the government to take on more risk in the aftermath of the GFC, the private sector operators are masters at minimising their own risks.

Leighton isn't getting as much money as it thought it would because the traffic estimates were too high.

Ask the company whether it would have handed the money back if the estimates were too low, and the response is laughter: "We had a contractual right."

It would all be a great game if the consequences were not serious, but at risk is the level of infrastructure development and who shares the risks and rewards.

In the dispute, Leighton wants to add cream to its considerable booty from the project and in the process hurt minority shareholders by kicking $50 million from ConnectEast's market value.

You would think Leighton would want ConnectEast to have more, not less, money to pay it.

The dispute creates even more doubt over the aggressive traffic claims bidders use to win the multi-billion-dollar projects.

Unfortunately the system now rewards bidders for being too aggressive.

Behind the facade of nation building, financiers and contractors use every bit of leverage to maximise their take at the risk of hurting the small shareholders who were mistakenly happy to back the project.

After watching this performance they have another reason to think again and -- just like last week's decision by Brisbane City Council to go it alone on the $1.8bn Northern Link Tunnel -- taxpayers will have to pick up the tab.

To be fair to Leighton and its chief operating officer David Stewart, the ConnectEast dispute is a straight contractual fight -- which means there will be rights and wrongs on both sides -- but it's the timing of this stoush and the regularity of Leighton's use of lawyers to top up its money jars that raises questions.

Leighton handles virtually 100 per cent of the big road construction in Australia, with most big contracts a battle between its divisions rather than against another firm. The $2.5bn ConnectEast's East Link project was no different.

The ACCC was happy to wave through mergers among the big developers to leave Leighton in control.

Leighton's John Holland boss Glenn Palin and Thiess's Neville Power were negotiating with ConnectEast's John Gardiner until last Friday when talks broke down.

As it happens, ConnectEast is in the middle of a $420m capital raising, with the institutional issue formally closing yesterday and raising $309m.

As part of the spoils for winning the project, Leighton picked up a $7.5m bonus on completion and 260 million shares in ConnectEast -- of which it still owns 113 million. It decided against participating in the capital raising and -- as was its right -- collected $2.3m for selling its rights.

That after all was the virtue of ConnectEast chair Tony Shepherd's offer structure, which gave every shareholder a right to participate and to collect some value if he or she decided against taking up the rights.

So Leighton pocketed the money, then dropped the bombshell with news of the litigation, which helped push ConnectEast below the rights price for the first time in over a week, with the stock closing yesterday down 5.4 per cent at 35c.

Maybe Leighton didn't plan it that way, but it just so happens the litigation threat came at the point of maximum leverage over Shepherd and potentially maximum harm to his capital raising. The claim itself is over traffic forecasts made by Hyder Consulting, which was hired by the bid team that included Leighton, Macquarie Group and ConnectEast.

Hyder said by April the road would carry 258,000 cars a day, but so far it has been more like 159,000.

The difference mattered in several respects, but the important things to know are that Leighton has had a representative on the board the entire time, so knew all about traffic numbers and was happy to pay Hyder's costs.

One of the problems when governments sell tollroads is they encourage bidders to overestimate traffic numbers -- the more cars on the road, the lower the tolls that can be charged and the lower the costs.

In this case, Leighton collected a $7.5m success fee, $2.5bn in constructions fees, plus equity in the project and, as late as yesterday, its $2.3m for forgoing its rights.

All of this because the traffic estimates were higher than reality, which meant Leighton would get a lower bonus for completing the road five months earlier.

The bonus was linked to traffic use and the time of completion with the risk, of course, that finishing late would have resulted in millions of dollars in penalties.

The big rewards are designed to reflect the risks taken, but the dispute throws into doubt the level of risks.

The published claims of $400m in damages are fairyland stuff because the actual amount at risk is more like $75m, of which ConnectEast has already provided for $30m.

When projects are delayed, Leighton sues the government and anyone else to blame them to recover funds, and when the numbers fall short of projections it attempts to recover its upside.

Downside doesn't seem to be in the equation, which, of course, means risk is not large.

Brookes' float pitch

ONE of the problems with high-profile floats is they let insiders air their claims, as has happened already with some Myer staff complaining about being forced to work too many weekends, under pressure to sell more and in the process staff morale is at an all-time low.

The retailer rejects the claims and when Saint Bernard Brookes hits the podium on Friday, he will talk up cultural change in the company, helped by the fact that some 18 per cent of full-time staff are on short-term incentives and 400 are in the equity pool, which owns 7.5 per cent of the company.

Saint Bernard also invested in the $1.4bn buyout, but the size of his stake was not divulged yesterday.

Store managers are encouraged to run the business like its their own, with 10 key criteria for their bonuses including sales, costs, shrinkage (theft), profits, customer care, sale of house brand products, maximising sales per transaction, safety and selling warranties with electrical products.

Before TPG acquired the business, it was earning between $60-$100m a year and now, the 2009 year earnings before interest and tax will be more like $235m with earnings margins up from 2 per cent to 7 per cent.

Debt will be cut further from the float proceeds from $660m to around $450m.

With all that profit growth in the past, how much can be expected in the future?

There is no doubt TPG and Saint Bernard have fixed a broken company and in the process have also grown profits dramatically.

So if they are selling a business on historical EBIT multiples of 13 times, even with over $400m in capital expenditure, ask yourself how much in costs have been removed which will have to be replaced?

The good news is TPG's global track record for retail floats is 27 per cent-plus outperformance against the relevant indexes for the likes of Petco, J Crew, Burger King and Debenhams.

This time, the pitch will also start with Myer One club members being certain targets for the float team of Macquarie, Goldman Sachs and Credit Suisse.

Public private partnerships spread to real estate

Details
Public Private Partnerships

Link to article here.

Rick Perry brought public private partnership toll roads to Texas in 2003. Now public private partnerships are spreading to real estate. Even worse, this version allows China to buy-up distressed U.S. real estate using public money.

China Ramps Up To Buy Cheap U.S. Real Estate
Thursday, September 10, 2009 3:29 PM
By: Julie Crawshaw and Dan Weil
Newsmax.com

China Investment Corporation, China's $300 billion sovereign-wealth fund (SWF), is preparing to buy distressed U.S. real estate assets.

It will do so using the U.S. Treasury Department’s Public-Private Investment Program (PPIP) to fund the investments, reports the Wall Street Journal.

Meanwhile, several Chinese officials warned that Wall Street isn’t taking the recession seriously, and that much more pain is in store for U.S. investors in the near term.


The PPIP program, which limits investments by any single investor to no more than 9.9 percent of each fund, is designed to help U.S. banks get rid of toxic mortgage assets by financing investors’ purchases of such securities.

CIC officials reportedly have held talks with U.S. private-equity fund managers, including BlackRock, Invesco, and Lone Star Funds, about buying securities backed by office buildings, hotels, strip malls and other commercial property, and about buying ownership interests in buildings as well.

Though CIC spent only $4.8 billion in global financial markets last year, it invested that much in a single month recently, CIC Chairman Lou Jiwei said last month.

He said that if future returns are good enough, it might ask the government to let it invest more of China's $2.132 trillion foreign-exchange reserves.

CIC recently invested in a real-estate trust in Australia and in an owner and developer of office towers and retail stores in London.

The SWF also is considering investing in Hollywood production firms, the Times of London reports.

The move could give Beijing a direct stake in a variety of foreign media content "from South Korean television dramas and Japanese game shows to Hollywood blockbusters.”

The Chinese onslaught against the United States over economic issues continues, with Bank of China Vice President Zhu Min criticizing Wall Street for complacency in the wake of the financial crisis.

Bank of China is the country’s third largest bank.

“You go to Wall Street, the people feel the crisis never happened,” Zhu told Bloomberg. “It’s not only overconfidence, it’s over-myopic. This is too much.”

Much of China’s criticism has focused on the growing U.S. debt burden and the dollar’s role as the sole reserve currency.

In March, Premier Wen Jiabao said he was “worried” about China’s investment in U.S. Treasuries, now $776.4 billion, and wanted assurances that they were safe, Bloomberg reports.

As for Zhu, he told Bloomberg that the credit crisis isn’t over yet. “It’s sort of stabilized from a cliff drop,” he said. “But the real economic crisis has just started.”

Zhu expressed some concern about China’s economy too.

“The potential risk is that a lot of liquidity goes to the asset market,” he said. “So you see asset bubbles in commodities, stocks and real estate, not only in China, but everywhere.”

The Shanghai Stock Exchange Composite Index has soared 61 percent this year, topping the MSCI World Index by 41 percentage points.

China’s concern about the United States apparently hasn’t spread to its sovereign wealth fund China Investment Corp. The fund is looking at plowing some of its $300 billion kitty into U.S. real estate.

© 2009 Newsmax. All rights reserved.

Taxpayers get shafted in toll deal with Spanish company

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Public Private Partnerships
TxDOT inks LBJ toll deal with foreign toll operator, Cintra
By Terri Hall
Examiner.com
September 10, 2009

Is there ANY elected official looking out for the taxpayers anymore? So much for taxpayer protections and oversight from Texas Attorney General, Greg Abbott. Even after Abbott held-up several controversial comprehensive development agreements (CDAs, also known as public private partnerships, PPPs) for months declaring them unconstitutional, he recently gave final approval to allow a contract with Spanish toll operator, Cintra, to takeover parts of the LBJ freeway, I-635, in Dallas. The deal will use Dallas Police and Fire Pension System and will charge 75 cents PER MILE to use toll lanes, and even worse, a half a billion in gas taxes will subsidize the deal with Cintra, in a massive DOUBLE TAX scheme.

It's the hefty amount of public money in the deal that caused Abbott to deem it an unconstitutional - to have one Legislature bind a future Legislature with its obligations. Wasn't this a major objection to the Wall Street bailouts? Privatizing profits and socializing losses?

Governor Rick Perry, who has grown fond of criticizing Washington, has taken a page out of their playbook and applied it to Texas toll road. There's a reason these deals are called public private partnerships.

Read the complete Examiner article here.

Re-named TTC alive and well in Loop 9 project

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Public Private Partnerships
Link to article here.

TxDOT continues to mislead the public into thinking the Trans Texas Corridor is DEAD when in fact, it's just been renamed. If you read this article carefully, they even say so. The new name is "innovative connectivity plan" where they plan to break it up into segments instead of build the massive new corridor all at once. It'll still be a gigantic foreign-owned toll road.

Our tax dollars at work...in order to truly KILL the TTC and reform this rogue agency, we need a new Governor. The current regime is a one trick pony...mislead and railroad the public until it's too late to stop it.

Trans Texas Corridor as such is gone

Regional segments, such as Loop 9, part of new vision

Leslie Gibson
Rockwall County Herald-Banner
September 9, 2009

Texas Department of Transportation (TxDOT) has no intention of developing the Trans Texas Corridor TTC, said agency spokesperson Chris Lippincott, on Wednesday.

He confirmed what was said by transportation planners in the Aug. 26 Rockwall County Road Consortium meeting, that the TTC is almost gone. Instead, local input will be key to developing transportation segments serving regional needs, through a new plan, Innovative Connectivity in Texas/Vision 2009.

The vision was unveiled in January at the fourth annual Texas Transportation Forum, in which TxDOT Executive Director Amadeo Saenz outlined new plans for corridor width, transportation mode, use of existing facilities, timelines, and level of involvement of local officials and citizens in the planning.

“Texans have spoken, and we’ve been listening,” said Saenz. “I believe this transformed vision for the TTC and other major corridor development goes a long way toward addressing the concerns we’ve heard over the past several years.”

Focus will be on segments closer to 600 feet wide, rather than the 1,000 plus of TTC, and be named per the highway numbers originally associated with each segment, such as I-69, SH 130 and closer to home, Loop 9.

Loop 9 is proposed to be a 44-mile-long new road running along the southern edge of Dallas County, dropping into Ellis County, and turning north through the western edge of Kaufman County and back east into Dallas County in order to connect Interstate 20 and US 287, as well as major cross streets. It was first conceived in the 1950s. “It may be developed by the private sector, it may end up as a toll road because of lack of resources,” Lippincott said.

It is a TxDOT project.

It’s east-west portion would also tie into the Outer Loop, a ring of connected roadways around the Metroplex, being coordinated by North Central Texas Council of Governments (NCTCOG).

At the Kaufman/Dallas County border, where Loop 9 heads northwest, the Outer Loop would break off and head northeast into Rockwall County if Rockwall County’s preferred Outer Loop alignment is ultimately chosen, or into Hunt County.

“North Central Texas COG is as sophisticated an agency of this type as there is in this state,” Lippincott said in the phone interview. “The means it has are vast,” he said, noting NCTCOG, as the other metropolitan planning areas in the state, receive some federal funding.

When told that some citizens expressed concern at the Consortium meeting that the Outer Loop is a Trans Texas Corridor in disguise, he said, “I don’t want to minimize questions. They (the citizens who are concerned) should stay involved.”

“Every time we build a road, we’ve got to listen and work with the people,” he said.

Right of way can not be purchased until there is money, and not until an environmental impact statement is approved. A draft environmental impact statement for Loop 9 is due in late 2009.

“At some point we will have to acquire the land if we build Loop 9,” Lippincott said. On that subject, he said roads “mean different things to different people. “If you’ve got a McDonalds or a 7/11, Loop 9 could be the greatest thing that could happen. If you’ve got a retirement home, you’ll have a different view,” he said.

TxDOT is expected to hold a public hearing on Loop 9 in the fall; the date is yet to be announced.

Though TTC is essentially gone, “what remains is the challenge created by traffic across our state,” Lippincott said, noting that Texas grows by 1,000 people a day. To that end, TxDOT is still holding public meetings on the 600 mile I-69 project.

Officials ink LBJ toll deal with Cintra

Details
Public Private Partnerships

Link to article here.

Does the state really need Spanish money to rebuild LBJ?
By Rodger Jones / Dallas Morning News
September 8, 2009

The answer is heck yes.

News from Austin may come as a provocation to situational toll-road critics, especially those whose blood last boiled because of Spanish money's interest in the SH 121 project that eventually went to NTTA.

TxDOT signed an agreement last week with a consortium headed by the Spanish company Cintra. It will put up money along with the Paris-based Meridiam Infrastructure Fund. The complete list of the LBJ project's partners includes the probable investment by the Dallas Police and Fire Pension System.

After completion about six years from now, the new LBJ will be part free, part tolled, with the private developers getting tolling rights. The new roadway will have more free lanes, but the three tolled lanes will be VERY expensive -- like maybe 55 cents a mile to start off.

I don't see how this roadway gets built if not for this kind of exotic arrangement and outside capital.

See if you agree:

The project was tentatively awarded to the Spanish-group in February but now the deal is signed and the consortium lines up financing.

Why that outside money is critical: The local share of the state's hard-pressed construction funds have dwindled to the point that the local TxDOT district couldn't reasonably do the $2 billion LBJ project even over time. And under that scenario, no other new projects could go forward.

Financial background information from a district spokesman, Mark Pettit. [Bracketed comments, like this one, are mine.] :

It is our understanding the Dallas District will only have $171M for FY 2010 for new construction (that excludes 14M ARRA [stimulus] and $266M RTR [redistributed 121] funds). This is mostly due to lower than normal gas tax revenues, federal recisions [broken promises] and prop 14 [state borrowing program] debt.
To the point ... so if everything in the universe remained unchanged for the next 20 years, Dallas will have accrued $3.4B. And if it was all put toward the $2B LBJ project it would still not be enough, because we have to account for inflation and construction cost increases. Extremely conservative inflation estimates of %3 raise the project cost to approx. $3.6B.

Meanwhile nothing else gets built (Pegasus I-30 bridge, Loop 9, SH 183, Trinity, SH 175, I-35E ... basically anything in the seven counties not maintenance related).

Not a good picture. If there's a way to keep building major urban roadways short of inviting private money and giving up toll rights, the model hasn't been proposed. Start with the fact that lawmakers have refused to raise the gas tax.

NTTA has said it's not interested in part-toll roads. NTTA's list includes the Trinity and the Loop 9 super-outer-loop. And make no mistake: NTTA doesn't do these projects without a good bit of tax money. The $2 billion LBJ project, for example, includes about a half-billion in tax money.

Meanwhile, the North Central Texas Council of Governments lists tens of billions of dollars in unfunded but needed road projects.

There two other part-toll roads moving ahead in North Texas, both with Cintra-led outside partners. The others are the DFW Connector (led by Kiewit Texas Construction, Fort Worth, and Zachry Construction, San Antonio), and the North Tarrant Express (a Cintra-led project). I-35E will be part-tolled, but there's no money for it yet.

Where does the financing come if not from abroad? Are critics of toll roads willing to press lawmakers for higher fuel taxes? Some of them say the state should start by ending the raids on the highway fund that's made up of fuel taxes. But those so-called "diversions" amount to less than $1.5 billion every two years, and Dallas gets only a fraction of that.

If it was your choice, would you turn to Cintra or higher gas taxes first?

Man wears monkey mask for red light cameras

Details
News
Link to article here.

Don't think someone won't try this to avoid paying tolls. too.

Man Dons Mask for Speed-Camera Photos
AOL.com
September 8, 2009

(Sept. 8) - An Arizona man who has been served 37 speeding tickets in the mail is refusing to pay them because he says the pictures captured by the state's photo-enforcement cameras don't show that it's him driving, AZcentral.com reported Tuesday.

"Not one of them there is a picture where you can identify the driver," said Dave Vontesmar, a flight attendant who works at Phoenix Sky Harbor International Airport. "The ball's in their court. I sent back all these ones I got with a copy of my driver's license and said, 'It's not me. I'm not paying them.' "

But police disagree and say they've been watching him closely.

"We watched him four different times put the monkey mask on and put the giraffe-style mask on," Officer Dave Porter told AZcentral.com. "Based on surveillance, we were positive that Vontesmar was the driver."

Still, Vontesmar is confident that he won't have to pay the fines, which could exceed $6,500.

"It's obviously a revenue grab," he said of the new photo-enforcement program. "They're required by law to ID the driver of the vehicle. If they can't identify the driver or the vehicle by the picture, what are they doing to identify the driver?"

Arizona police are having a hard time getting a lot of speeders to pay tickets they receive in the mail. Read more about that on AZcentral.com

2009 AOL LLC. All Rights Reserved.
2009-09-08 22:32:57

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