Vanity Fair takes on Giuliani's connections to the Trans Texas Corridor

We started to send out word connecting the dots between Macquarie, Cintra, the law firm Bracewell & Giuliani and Presidential candidate Rudy Giuliani last spring. Finally, the mainstream press is starting to look into Giuliani’s crooked deals that involve the Texas Governor and many of the special interests that dominate Texas. It’s clear Cintra and Macquarie are trying to buy themselves a U.S. President!

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Below is an excerpt from Vanity Fair, December 2007, on the Macquarie, Cintra, Bracewell & Giuliani, and Trans Texas Corridor connection – Link to full article here.

“Finally, last March, Giuliani managed to sell Giuliani Capital Advisors for an undisclosed sum to a fast-growing Australian bank called Macquarie Group. In a New York Times article, an analyst suggested that Macquarie might have paid as much as $76 million for it. Another analyst scoffs at that and says the price was closer to $10 million—essentially what Giuliani had paid for it. A source at Macquarie, while not confirming the lower figure, allows that the higher figure is “wildly” off. (Hess says, “We don’t comment on fees or compensation.”)

Why would an Australian colossus like Macquarie buy a money-losing U.S. investment bank? Perhaps because Macquarie is making inroads—literally—in the U.S., acquiring the leases on state highways and operating them as toll roads, in Indiana and Illinois, with more states to follow. The toll-road business is highly controversial and involves politics right up to the top. It can’t hurt to have helped out a man who might be the next president. (A Macquarie spokesperson says the only reason for the purchase of G.C.A. was “new sectors and new locations for us,” and that Giuliani “was not involved in discussions for acquisition of G.C.A. by Macquarie.”)

Even before the deal, there had been only one degree of separation between Macquarie and Giuliani. Macquarie’s partner in a $3.8 billion Indiana toll road is a Spanish company called Cintra Concesiones de Infraestructuras de Transporte, S.A. Cintra, in turn, is represented by a Texas law firm once known as Bracewell & Patterson, now called Bracewell & Giuliani.

Legal Eagles

For Giuliani, a law firm was the third leg of the stool. Not only did it fit right in with his other businesses; for the former prosecutor, appending his name to a large, established firm was a dream come true. But one in Texas?

The business marriage worked for the reason marriages often do: each partner could help the other. At 64, Bracewell managing director Patrick Oxford had accomplished a lot. A genial Republican with close ties to Senators Kay Bailey Hutchinson and John Cornyn, among other Texas stalwarts, he prides himself on his role in heading up his party’s delegation of lawyers in Broward County, Florida, in the aftermath of the 2000 election. Four years later, he took his strike force to Ohio and helped keep the tipping-point state in the Republican column. Oxford, then, had done about as much as any individual in the United States to determine the outcomes of the last two presidential elections. Yet Bracewell was overshadowed by larger Texas firms such as Vinson & Elkins, alma mater of former U.S. attorney general Alberto Gonzales, and Baker Botts, where former secretary of state James Baker presides. Giuliani would boost Bracewell’s profile, especially if he ran for president—and won.

To all who asked, Giuliani said he hadn’t yet made up his mind about entering the race for 2008. But the alliance with Bracewell in early 2005 was a move made by a man who knew exactly what he needed to shore up his prospects: credibility in the Republican heartland. Also, the money was good. Oxford agreed to give Giuliani Partners $10 million, to be split among its three senior partners: Giuliani, Mike Hess, and Daniel Connolly, according to a story in The American Lawyer. In becoming Bracewell & Giuliani, the Texas firm would also commit $25 million to establish a New York office. As the head of that office, Giuliani would be guaranteed at least $1 million a year, plus 7.5 percent of all fees generated by the office. Yet his commitment to the law firm was less than half-time: Mondays and Fridays.

Politically so far, the move has paid off. By the middle of 2007, Giuliani had raised $4,788,168 in Texas, more than Hillary Clinton ($3,137,134), more even than the two closest Republican candidates combined (Mitt Romney’s $2,254,349 and John McCain’s $2,189,696). But in marrying into Bracewell, Giuliani has acquired a whole family of squirrelly relatives, from the firm’s own lobbyist-lawyers to the clients they represent.

Bracewell & Patterson has long been known for representing school districts. By the time Giuliani became part of it, in early 2005, it had also become the go-to law firm for major polluters: oil and gas as well as coal companies. Among its significant clients are Chevron/Texaco, Pacific Gas & Electric, Dynegy, Southern Company, Valero Energy, and Shell Oil.

Until recently, Citgo oil company was among those significant clients, but no longer. Last March, after a flurry of news stories, Giuliani was embarrassed: Citgo, since 1990, has been run by a state-owned Venezuelan petroleum company, and thus is currently controlled by the country’s president, Hugo Chávez. Giuliani had been knocking the virulently anti-American Chávez in speeches around the country. “We need a president who knows how to get things done, so we don’t have to be sending money to Chávez,” he declared in a speech in May. “Who would listen to Chávez if he didn’t have all this oil money?” In fact, Bracewell & Giuliani had been happy to take Chávez’s money: Bracewell had registered as a lobbyist for Citgo in April 2005, for $5,000 a month, right after Giuliani joined the firm. Bracewell finally ended its relationship with Citgo in June 2007.

Perhaps most unfortunately, Bracewell & Giuliani has supplied the legal and lobbying muscle to get new coal-fired power plants built all over the country. A dramatic example is the coal-fired plant called Desert Rock Energy Project, to be built by Sithe Global Power, a Bracewell client, on Navajo lands in Burnham, New Mexico. “To us, this is environmental injustice and economic exploitation,” declares Dailan Long, a Navajo activist. “We were never informed about this project thoroughly. The terms of the lease agreement have never been released to us.” Bracewell’s lobbyist Frank Maisano, the point man on Desert Rock, scoffs at that. “There have been more than 400 public meetings about the project over a four-year period,” he says. “They don’t have to disclose the terms of the lease. This is an agreement between Sithe Global and the Navajo Nation, and the lease is part of an ongoing process.” Maisano notes that the council of the Navajo Nation voted 66 to 7 for the plant. Long and other activists say the tribe’s elders have been misled about the environmental and financial impact on the community.

Howard Rubinstein, the well-known New York public-relations man who now represents Bracewell & Giuliani, has said that Giuliani “doesn’t lobby in any way” for the firm, and that lobbying makes up only about 2 percent of the firm’s earnings. So none of this really matters, nor do the contributions that the firm’s employees have made to Giuliani the candidate—at least $100,000 to date—or the contributions from the oil and gas companies: $545,058 as of mid-November 2007, way ahead of Mitt Romney ($309,933) and Hillary Clinton ($220,550). And, presumably, if Giuliani wins in November 2008, the firm would be known simply as Bracewell, not as Bracewell & President Giuliani.

The Road Through Texas Is Paved with Gold

Still, Giuliani’s presence at the firm may create some synergistic connections. Consider the Trans Texas Corridor debate.

For several years now, Texas governor Rick Perry has been pushing a plan that appalls many of his constituents—except, apparently, the most powerful ones—to outsource a spider’s web of new and improved state highways to Cintra Concesiones de Infraestructuras de Transporte, S.A. To ease Texans’ fears that the state is putting its future roads in the hands of a foreign-owned company, Cintra is now partnered with a San Antonio construction company called Zachry. The roads envisioned in this $184 billion, 4,000-mile project are no mere superhighways. They’re three football fields wide. They will include not only a rail line but also pipelines that can carry oil, gasoline, or liquefied natural gas. Alongside the roads will be distribution centers. Cintra-Zachry will lease the roads and levy whatever tolls it likes. And it will also control the distribution hubs, and charge what it likes there too. “I don’t want to see transportation become another battle between the haves and have-nots,” says former Texas Democratic congressman Chris Bell. “And it could quickly become that.”

The roads of the Trans Texas Corridor, as currently envisioned, would cut wide swaths through hundreds of farms and ranches. “Eminent domain is a huge issue here,” says Democratic Texas state representative Garnet Coleman. “The biggest opposition has come from farmers and ranchers who are along the proposed roads.” Eventually, the corridor might be extended to Canada. Coleman calls it “a super-nafta corridor.”

The connections may be coincidence, but they’re striking. Cintra is a client in Texas of Bracewell & Giuliani. The company it’s most likely to work with to extend the corridor north is Macquarie, which already operates its Indiana toll road in partnership with Cintra. In early 2007, Macquarie bought a chain of some 40 local Texas and Oklahoma newspapers. Might it have bought those papers to control public opinion in advance of plans to build more controversial toll roads? Might it potentially have in Giuliani not only a legal partner for future toll roads but a political ally?

Bracewell spokesperson Melanie Hillis says that Giuliani has not worked on behalf of Cintra or Macquarie. A Macquarie spokesperson adds that Cintra used Bracewell before it became Bracewell & Giuliani. He says that Macquarie is as likely to compete with Cintra as to cooperate on any future toll roads. He also declares that the purchase of those newspapers was made by the Macquarie Media Group, a separate division with no connection to Macquarie’s toll-road business. “To suggest that the acquisition was made to control public opinion in advance of building toll roads is absurd and incorrect. The business continues to be run by the same management team, with the same editorial staff. No editorial influence has been exercised by the Macquarie Media Group.” Anyway, the spokesperson adds, “I don’t think it is correct to say that the building of more toll roads in the United States is ‘a highly controversial plan.’ ”

That might come as a surprise to the farmers and ranchers who face the prospective loss of their land through eminent domain, and the Texans who feel their taxes entitle them to state-built freeways, not foreign-run toll roads. At the least, they seem less likely to get a sympathetic hearing from a president whose law firm represents Cintra and whose investment bank was sold to an Australian bank that often partners with Cintra and wants to build more U.S. toll roads.

Perhaps Giuliani does have little or nothing to do with his law firm’s principal clients. With at least one smaller client, however, he clearly played a role, and that role appears, to say the least, unpresidential.

In early 2006, Bracewell & Giuliani reviewed a proposed bank purchase. The Spanish bank Santander wanted to buy 20 percent of Sovereign Bancorp of Philadelphia. Bracewell’s review recommended the deal, the New York Stock Exchange and the S.E.C. eventually approved it, and so Santander bought in for $2.4 billion. The story, however, was a bit more complicated than that.

The review, according to one Sovereign insider, was paid for by the Spanish bank and dismissed the concerns of shareholders opposed to the acquisition. As a result, says this source, Bracewell ignored dubious dealings by Santander, such as its donations to Venezuelan president Hugo Chávez’s political campaigns and its connections to Cuba and Iran (Santander was fined by the U.S. in 2004 for doing business with Cuba and has come under scrutiny for trading with an Iranian bank blacklisted by the U.S. for links to terrorism), not to mention the fact that its C.E.O. had been investigated for corruption. “I questioned why Rudy stuck his neck out like that,” the insider says. “Obviously it was for a fee, but with his long-term aspirations there didn’t seem like a lot of upside.” (Bracewell says that the firm was hired by Santander to assess the proposed investment and found that the bank “had fully and completely complied with all laws relevant to the transaction.”)

From the Archives

“Cheer and Loathing in New York,” by Gail Sheehy (June 2000), about the showdown between Rudy and Hillary in that year’s Senate race—before Rudy bowed out

“Giuliani’s Princess Bride,” by Judy Bachrach (September 2007)

“Crazy for Rudy,” by Michael Wolff (June 2007)

Illustration by Risko.

Almost immediately after the buy-in, Sovereign’s chairman, Jay Sidhu, resigned with a $44 million parachute. In November of that year, Giuliani gave a speech, for $100,000, at the Jay S. Sidhu School of Business & Leadership at Wilkes University, in Wilkes-Barre, Pennsylvania.

When the Chicago Tribune asked Bracewell managing partner Daniel Connolly about the timing of these events, Connolly said that Giuliani’s speech had no connection to the Bracewell review, which in any case was completed nine months before the speech. But a Wilkes University spokeswoman told the Tribune that, in fact, the university had identified Giuliani as a potential speaker in April 2006, formally asked him to speak in May, and signed a contract with him on June l3—two weeks after the Santander-Sovereign deal closed. (Giuliani’s speeches were arranged by the Washington Speakers Bureau.)

In the businesses that Giuliani built and bought these last six years, more deals have yet to be examined, more dots connected in the picture of his great financial success. But enough are there already, with lines between them, for a shape to have clearly emerged. It’s a picture of a politician leading a parade, as Mayor Giuliani so often did. Only the marchers behind him aren’t drum majorettes or wartime veterans or firefighters or police. They’re a ragtag band of Texas lawyers and energy lobbyists, penny-stock sharpies and security-industry entrepreneurs, agog with visions of the ultimate pay-to-play presidency.”

With additional reporting by Christopher Bateman.

Michael Shnayerson is a Vanity Fair contributing editor.

Cibrian to run for Mayor…let the recall begin!

We knew Diane Cibrian had delusions of grandeur, but we didn’t know it was this bad. After she just cast a vote to raise taxes December 3 (by tolling a highway we’ve already built and paid for), Cibrian actually thinks 6 months into her FIRST TERM as City Councilwoman (who barely won in an 8-way race)that she can get elected Mayor? It’ll be hard for her to run, much less win after the bruising she’ll take in a recall election! That’s what these politicians don’t seem to get, they’re useful to the highway lobby to cast votes AGAINST THE PEOPLE and then they’re damaged goods. Ever heard of Richard Perez? He’ll never hold elective office again after his rabid pro-toll stint on the MPO. That’s why he got parked at the Greater Chamber among his new highway lobby friends. The same is coming for Cibrian.
Councilwoman Cibrian may run for mayor before term limit hits
By Jaime Castillo
San Antonio Express-News
12/07/2007

Since the early 1990s, City Council term limits have acted like a turnstile, churning out potential mayoral candidates every election cycle.
Ambitious council members who survive two, two-year terms unindicted, or at least largely unscathed, almost automatically are placed on the short list of mayoral wannabes.

But 2009 is shaping up as a tradition-breaking and gender-busting surprise.

District 8 City Councilwoman Diane Cibrian said she’s “strongly considering” seeking the mayor’s office after only one term. On Friday, she said she’ll make a formal decision early next year.

The logic goes something like this:

Two years from now, the mayor’s office will be a wide-open race for the seat being vacated by the term-limited Phil Hardberger.

However, by waiting until she could finish a second council term in 2011, Cibrian would likely be entering a much tougher race against an incumbent mayor who could still serve one more term.

The candidates most often mentioned for 2009 are former City Councilman Julián Castro, homebuilder Gordon Hartman and, if he can be convinced, AT&T executive and former state Sen. John Montford.

That list includes a lot of Y-chromosomes. And Cibrian, who doesn’t suffer from even the slightest case of shyness, sees an opportunity.

Recent local political history shows that Hispanic female candidates have been very successful in countywide races.

The trend was punctuated last year, when two incumbent judges, Democrat Oscar Kazen and Republican Mark Luitjen, lost re-election bids against female Hispanic challengers, Laura Salinas and Catherine Torres-Stahl.

“My election was historic as the first Hispanic woman to win a North Side council seat,” Cibrian said. “I think people logically believe I could do well in various parts of the city.”

Cibrian, 42, also is a tireless campaigner, which could help offset Castro’s distinct grass-roots advantage over anybody else. And she’s a pro at attracting attention for herself and her district.

Her candidacy was predicated on a property tax cut, which occurred after fear of a rollback election surfaced, forcing City Manager Sheryl Sculley to incorporate a small cut in the city budget.

And Cibrian recently manufactured a lot of free face time on local TV, during her public crusade against the opening of a “gentlemen’s” establishment, called “Boobie Rock,” in her district.

If someone like Montford doesn’t enter the 2009 mayor’s race as the darling of the business community, Cibrian could stand to benefit from some lingering distrust of Castro in the Anglo establishment.

At the same time, there are those who wonder whether Cibrian’s exuberant personality will come across as charming or off-putting during a long mayoral campaign.

They also wonder whether she’s forgotten that, just a few months ago, she needed a runoff just to get elected to council. And that a mayoral campaign is on a whole different scale than a council district, which can be won by block-walking alone.

“I think there are people who are interested in seeing the continuity of leadership provided by Phil Hardberger,” Cibrian said. “I’ve worked very hard, and anybody who knows me knows that I’m an advocate for my district and this city.”

As one City Hall executive put it, it won’t take until 2011 to find out the answers to those questions.

“She’s so serious about running for mayor, I’ll be more than surprised if she doesn’t do it (in 2009).”

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Romney tied to private equity firm & Chinese company with access to military secrets

Haven’t we seen that private equity deals, like the private equity toll road deals being perpetrated upon Texans (like the SH 130 toll road) are a bad deal all the way around for our Nation? Here’s another reason to oppose them and to be informed about the presidential candidates’ money trails…Giuliani has a few of his own.
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WASHINGTON (CNN) – Congressman Duncan Hunter, R-California, who is running for President, called on Mitt Romney, another GOP candidate, to take a public stance on the proposed partnership between the private equity firm Romney founded and a Chinese-based company.

Before running for Governor of Massachusetts in 2002, Romney was the CEO and founder of Bain Capital Partners, a highly successful venture capital and investment firm based in Boston which currently manages more than $50 billion in assets, according to the company’s website.

Last month, Bain Capital and China’s Huawei Technology purchased 3Com in a deal valued at $2.2 billion. The deal gave the Chinese company a minority stake in 3Com, an internet security company.

Hunter says that 3Com has contracts with the U.S. Dept. of Defense. However, Bain Capital tells CNN 3Com does not contract with the U.S. government directly, and the Chinese company will not have access to sensitive U.S.-origin technology or U.S. government sales as a result of this transaction.
In a letter addressed to Romney, provided to CNN by Hunter’s campaign, Hunter claims the Chinese company has ties to Saddam Hussein and the Taliban and asks Romney to come forward with a “clear statement” in opposition to the deal sealed last October.

The Bain Capital deal in question “can only be characterized as irresponsible,” Hunter said in a written statement.
In September, other Republicans in the House called on the Bush administration to block the merger and proposed a resolution that says the deal “threatens the national security of the United States and should not be approved by the Committee on Foreign Investment in the United States.”

Romney’s campaign provided CNN the following statement in response to the request from Hunter, “Governor Romney is no longer involved in Bain Capital and their investment decisions.”

Giuliani won't sever ties to law firm representing Cintra

Link to article here. Read more about how Bracewell & Giuliani is the sole law firm for the Spanish company, Cintra who is building the Trans Texas Corridor. His conflicts of interest are astounding!

Giuliani Will Not Sever Ties to His Firm
By MARC SANTORA
New York Times
DECEMBER 9, 2007
Rudolph W. Giuliani, seeking to stem a spate of bad news in his bid for the Republican nomination, defended himself Sunday morning from a vast array of questions about his personal integrity, his judgment and possible conflicts of interest because of business ties, among other issues.

As the solo guest on “Meet the Press,” Mr. Giuliani was by turns defensive, apologetic and indignant under the questions of Tim Russert, but the interview never grew heated and at points Mr. Giuliani seemed amused.

He said he would not sever his financial ties with Giuliani Partners, the security consulting firm he founded. He also disassociated himself from the opinions of one of his more hawkish foreign policy advisers, tried to explain why he missed meetings of the Iraq Study Group to give lucrative speeches and once again tried to explain his recommendation of Bernard Kerik to head the office of Homeland Security.

His personal life was also touched upon, when Mr. Giuliani, the former mayor of New York who was twice divorced, was questioned about the decision to provide security to his then-girlfriend, now wife, Judith Nathan, at taxpayer expense.

Mr. Giuliani was dismissive when asked about the work his law firm, Bracewell/Giuliani, has done on behalf of Citgo Petroleum Corporation of Houston, the American subsidiary of Venezuela’s state-owned oil company, Petroleos de Venezuela S.A. (PDVSA).

Hugo Chávez, the socialist leader of Venezuela who derides President Bush as a genocidal murderer, controls the state company.

Mr. Giuliani laughed loudly as Mr. Russert posed the question and then went on to claim that the law firm represented Citgo “just in Texas.”

He was also asked about some controversial clients of his security firm, Giuliani Partners, including the government of Qatar.

Members of the royal family in the Gulf Country are suspected of sheltering Khalid Sheik Mohammed, the mastermind of the 9/11 attacks. “The reality is Qatar is an ally of the United States,” he said.

Mr. Russert pressed him on why he simply did not sever his financial ties with Giuliani Partners and make a full list of clients public.

Mr. Giuliani said certain confidentiality agreements made that impossible but he did not explain why he still takes money from the security firm, which he founded, while he runs for president.
He said he was “not going to do more than what is absolutely required.”

The explanation seemed to run counter to his defense of his decision to drop out of the Iraq Study Group.

Mr. Giuliani missed several early meetings, and on those days instead gave speeches for which he was paid millions of dollars.

Mr. Giuliani said that it was not personal gain that compelled him to quit the group, a bipartisan commission that was tasked with assessing the situation in Iraq. Rather, he said, he feared that as he considered running for president, his political ambition could taint the findings of the commission.

Mr. Russert pressed the point, saying that Mr. Giuliani had told no one at the time that he was quitting because of his presidential ambitions. Mr. Giuliani claimed he mentioned his rationale to James Baker, the Republican head of the study group.

Often there are one or two difficult issues a candidate will have to deal with when going on the Sunday morning talk shows. But the tough and serious questions for Mr. Giuliani, who was reluctant to appear on “Meet the Press,” according to people familiar with the booking process, did not seem to stop. Though the interview touched on foreign policy, fuel standards and even remarks by a rival, Mike Huckabee, most of the questions were about Mr. Giuliani’s personal record and decision making.

It was a reminder of just how much the campaign has been struggling of late to drive the news rather than simply respond.

For months, Mr. Giuliani was setting the agenda of the Republican race. Last spring, he focused on 9/11 and pushed the theme as far as he could. Throughout the summer, he used crime and New York as a foil to position himself as tough. And he started the fall talking almost solely about Hillary Clinton and his contention that he was the best candidate to beat her.

Even the question of abortion seemed to work for him, at once allowing him to say that he was going to not shift his pro-life stand despite the pressures of the primary while at the same time repeatedly invoke his desire to appoint “strict-constructionist” judges.

But in the last month, he has yet to find a successful narrative to move beyond the questions that are being raised about him.

On his decision to appoint Mr. Kerik — now under indictment on corruption charges — to lead the New York City Police Department and later to recommend him to for a critical job in keeping America safe from terrorism as head of the Homeland Security Department, Mr. Giuliani said, “The mistake was I should have checked it out much more carefully.”

But he also once again tried to point to successes Mr. Kerik had as his police commissioner.

On the question of police protection for Judith Nathan, Mr. Giuliani said it was a security matter and not his call and that no one really likes to have security anyway.

Mr. Russert focused on the timing of when the security was provided, citing reports that she was given security before December of 2000, suggesting that the security argument was hollow because Mr. Giuliani’s relationship with Ms. Nathan was secret.

Mr. Giuliani said he misunderstood the timing of his affair, noting that they went public in May of 2000.

But the details of discussion seemed of little importance. Words like affair, mistress, secret, and girlfriend are not what a candidate wants to be discussion one month before the first caucus and primary contests.

It is perhaps a bit surprising the Mr. Giuliani waited so long to go on the program, since the scrutiny will likely now be much greater.

However, Mitt Romney, the former Massachusetts governor who is also seeking the Republican nomination, has also been reluctant to subject himself to tough questions. He is scheduled to appear on “Meet the Press” next Sunday.

State to study TxDOT’s illegal use of taxpayer money to push toll roads

Link to post here.

State Affairs to study TxDOT ad campaign
Houston Chronicle
By Janet Elliot
November 29, 2007

Texas Department of Transportation officials may need running shoes to keep up with all the interim committee probes.

Yesterday, Speaker Craddick assigned House Appropriations to analyze the agency’s finances going back five years. Today, he told State Affairs to “study the issue of using state funds to advertise government programs and services to discern if taxpayer dollars are being spent appropriately.” He also wants the committee to consider legislation that will ensure that dollars are spent to benefit, not coerce, the public.

TxDOT has been under fire for a multimillion-dollar ad campaign on toll roads and the Trans-Texas Corridor. The agency has defended the $7 million to $9 million that it’s spending on the Keep Texas Moving campaign as responding to demands from lawmakers and the public for more information.

The agency can expect tough questioning from the vice chairman of State Affairs, Rep. Ken Paxton, R-McKinney. He asked Craddick for a formal examination of how state agencies spend media and advertising dollars.

“I appreciate Speaker Craddick’s decision to accept my request for an interim charge study to examine the issue of using state funds to advertise government programs and services to discern if taxpayer dollars are being spent appropriately,” Paxton said in an email today. “While it may be appropriate, at times, for government agencies to educate citizens through public service announcements, I maintain that government should not ever spend the money raised from taxpayers to lobby the public.”

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Lawmakers to study TxDOT toll road ads
Janet Elliott
12/02/2007
Express-News
Austin Bureau

AUSTIN — A multimillion-dollar ad campaign on toll roads and the Trans-Texas Corridor will be under scrutiny next year by lawmakers who want to know whether the effort is designed to benefit or coerce the public.
The issue was added to a list of topics that the House State Affairs Committee will study leading up to the 2009 legislative session. Speaker Tom Craddick made the assignments last week.

In making the lengthy “interim charges,” Craddick focused on some controversial bills that failed to pass during this year’s session. They include outlawing so-called “sanctuary cities” for illegal immigrants and requiring voters to show photo IDs.

The Texas Department of Transportation, which is spending $7 million to $9 million on the Keep Texas Moving advertising efforts, also will have to answer to the Appropriations Committee about its current financial condition.

Agency leaders said in early November that a looming budget deficit — at least $1.8 billion by fiscal year 2012 — would force them to cut hundreds of millions of dollars from future road projects.

Craddick wants House budget writers to review transportation spending over the past five years, as well as examine alternative sources of revenue to sustain future transportation needs.

TxDOT spokesman Randall Dillard welcomed the review, saying it is “an excellent opportunity to fully explore the health of transportation finance in Texas.”

State Affairs Vice Chairman Ken Paxton, R-McKinney, had asked Craddick, R-Midland, for the formal review of advertising spending by all state agencies.

“While it may be appropriate, at times, for government agencies to educate citizens through public service announcements, I maintain that government should not ever spend the money raised from taxpayers to lobby the public,” Paxton said Thursday.

Transportation officials have said the campaign is a response to demands from lawmakers and the public for more information about why privately financed toll roads are necessary to relieve congestion…”

State to study TxDOT's illegal use of taxpayer money to push toll roads

Link to post here.

State Affairs to study TxDOT ad campaign
Houston Chronicle
By Janet Elliot
November 29, 2007

Texas Department of Transportation officials may need running shoes to keep up with all the interim committee probes.

Yesterday, Speaker Craddick assigned House Appropriations to analyze the agency’s finances going back five years. Today, he told State Affairs to “study the issue of using state funds to advertise government programs and services to discern if taxpayer dollars are being spent appropriately.” He also wants the committee to consider legislation that will ensure that dollars are spent to benefit, not coerce, the public.

TxDOT has been under fire for a multimillion-dollar ad campaign on toll roads and the Trans-Texas Corridor. The agency has defended the $7 million to $9 million that it’s spending on the Keep Texas Moving campaign as responding to demands from lawmakers and the public for more information.

The agency can expect tough questioning from the vice chairman of State Affairs, Rep. Ken Paxton, R-McKinney. He asked Craddick for a formal examination of how state agencies spend media and advertising dollars.

“I appreciate Speaker Craddick’s decision to accept my request for an interim charge study to examine the issue of using state funds to advertise government programs and services to discern if taxpayer dollars are being spent appropriately,” Paxton said in an email today. “While it may be appropriate, at times, for government agencies to educate citizens through public service announcements, I maintain that government should not ever spend the money raised from taxpayers to lobby the public.”

_________________________________

Lawmakers to study TxDOT toll road ads
Janet Elliott
12/02/2007
Express-News
Austin Bureau

AUSTIN — A multimillion-dollar ad campaign on toll roads and the Trans-Texas Corridor will be under scrutiny next year by lawmakers who want to know whether the effort is designed to benefit or coerce the public.
The issue was added to a list of topics that the House State Affairs Committee will study leading up to the 2009 legislative session. Speaker Tom Craddick made the assignments last week.

In making the lengthy “interim charges,” Craddick focused on some controversial bills that failed to pass during this year’s session. They include outlawing so-called “sanctuary cities” for illegal immigrants and requiring voters to show photo IDs.

The Texas Department of Transportation, which is spending $7 million to $9 million on the Keep Texas Moving advertising efforts, also will have to answer to the Appropriations Committee about its current financial condition.

Agency leaders said in early November that a looming budget deficit — at least $1.8 billion by fiscal year 2012 — would force them to cut hundreds of millions of dollars from future road projects.

Craddick wants House budget writers to review transportation spending over the past five years, as well as examine alternative sources of revenue to sustain future transportation needs.

TxDOT spokesman Randall Dillard welcomed the review, saying it is “an excellent opportunity to fully explore the health of transportation finance in Texas.”

State Affairs Vice Chairman Ken Paxton, R-McKinney, had asked Craddick, R-Midland, for the formal review of advertising spending by all state agencies.

“While it may be appropriate, at times, for government agencies to educate citizens through public service announcements, I maintain that government should not ever spend the money raised from taxpayers to lobby the public,” Paxton said Thursday.

Transportation officials have said the campaign is a response to demands from lawmakers and the public for more information about why privately financed toll roads are necessary to relieve congestion…”

U.S. representative wants Macquarie investigated

Link to article here. A dollar hike in tolls and a state commission ignoring the public opposition, sound familiar? That’s what happens when the State hands over the PUBLIC’S highways to foreign corporations who don’t care a lick about American motorists.

U.S. representative wants Macquarie investigated
By David Tanner
Landline Magazine
November 26, 2007

A U.S. representative from Virginia has asked the state attorney general to investigate the business practices of toll road operator Macquarie Bank.

In a letter dated Oct. 15, Rep. Frank Wolf, R-VA, a 14-term representative, asked Virginia Attorney General Robert McDonnell to investigate the financial workings of the parent bank whose subsidiary, Toll Road Investor Partners II, operates and collects tolls on the privately built Dulles Greenway.

The state commissioned the Greenway decades ago, but it was not built until 2003 and required financial backing from the private sector. The Macquarie subsidiary paid $533 million in 2005 for the right to operate the roadway and collect tolls for 51 years, when the Greenway will become property of the state.

TRIP II, a consortium of Macquarie Bank subsidiary Macquarie Infrastructure Group and other private investors, submitted an application in 2006 to increase tolls on the Greenway and implement congestion pricing during peak traffic times. The State Corporation Commission approved the increases in September of this year and the new tolls took effect in October.

Greenway tolls are scheduled to increase each year from $3 to reach $4 by 2012 for passenger vehicles in addition to congestion pricing being added during morning and afternoon rush hours. Truck tolls are based on the number of axles. A five-axle truck traveling the entire length of the Greenway currently pays $10.25, and the increase will take that total to $14 by 2012.

Wolf wants the toll increase overturned and the toll operator investigated.

“It is imperative that Macquarie’s financial records be scrutinized to ensure the firm has not violated the public trust by potentially circumventing our laws in order to raise tolls on the Greenway,” Wolf wrote.

Click here to read Wolf’s letter.

TRIP II officials responded by saying the need for toll increases is legitimate.

“All of the information provided to the SCC by TRIP II in relation to its toll increase application was factual, complete, accurate, and is on the public record,” company officials stated in October on the Dulles Greenway Web site, www.dullesgreenway.com.

During a public comment period prior to the approved increases, the State Corporation Commission received 600 public comments, most of which were in opposition to toll increases.

Wolf and several state lawmakers have also expressed concern.

In his letter to the attorney general, Wolf cites an Oct. 2 article in Fortune magazine in which editor-at-large Bethany McLean writes about Macquarie. Her article included the claim, attributed to Jim Chanos, that Macquarie was “engaging in an old-fashioned Ponzi scheme.”

Webster’s Dictionary defines a Ponzi scheme as “a fraudulent investment scheme in which funds paid in by later investors are used to pay artificially high returns to the original investors, thus attracting more funds.”

Macquarie officials have rebutted those assertions. Click here to read the Fortune article and click here to read Macquarie’s rebuttal.

Hardy toll road extension in Houston approved by City Council, to connect to Trans Texas Corridor 69

Link to story here. Of note, this Hardy toll road extension is significant in that it connects with highway 59 which is slated to become the Trans Texas Corridor 69 privatized and tolled trade corridor. The BIG GOVERNMENT and BIG BUSINESS interests are mapping out their takeover of our FREEway system and turning it into a cash cow toll road system extorting money from motorists just to drive to make their daily bread.

Hardy extension gets the go ahead
Thursday, December 6, 2007
By Lee McGuire / 11 News
The Hardy Toll Road extension should be open within four years.
On Wednesday, the Houston City Council made possible the extension of the Hardy Toll road from where it ends now, at 610 North, to State Highway 59.

The expansion will also affect three nearby freeways.

The new, 3 1⁄2 mile extension of the Hardy Toll Road has everything to do with railroads.

“Virtually the whole right of way is on railroad property,” said Harris County Judge Ed Emmett.

Meaning, not much except rail lines and some industrial freight businesses stand in the way of downtown Houston and a much quicker trip to the big airport and the Woodlands.

“Anything they can do to make it better they should do,” said motorist John Defoen.

Right now, Defoen totally avoids the interchange at the North Freeway and Loop 610; it’s where the Hardy dumps out now, and at rush hour.

The Hardy extension will replace some north/south rail lines and the tracks themselves will move. On surface roads, crews will build rail overpasses at Lorraine, Quitman and Collingsworth.

Ending the temptation to play chicken with a train.
There are some houses in the way, probably fewer than a dozen, but the maps aren’t finished yet.

In the big picture, the Hardy extension would expand beyond Loop 610, reach beyond I-10 and connect with State Highway 59 in both directions.
That would ease traffic pressure on Loop 610, Highway 59 and the North Freeway, moving 35,000 cars a day on to the Hardy extension.

“It certainly can’t hurt there are enough problems right now with traffic, anything they can do to help would help,” said driver Mike Kurzy.

It’s an extension that’s been in the works for 20 years. Now, drivers have four more years to wait.

The target completion date for the Hardy Toll Road extension is December 2011. It’ll cost about $200 million, and toll road officials aren’t ready to say just what it’ll cost to drive it.

State seeks private partner to build TTC 69

Remember that 69 was promised as an interstate, not a privatized and tolled Trans Texas Trade Corridor to benefit multi-national corporations, not Texans.

“The official memo has gone out.”

Controversial Trans-Texas Corridor Plans Forge Ahead

12/4/2007

KLBJ News Radio 590
Copyright 2007

The official memo has gone out from the state’s transportation department to two private companies to move ahead with plans to build a highly-controversial superhighway which critics say hurt Texas, and cause an erosion in commerce nationwide.

Plans for the Trans-Texas corridor were being formulated 16 years ago, but Governor Rick Perry’s office says it “lacked the billions of dollars in funding needed to construct it”. On Monday, two private companies were asked to submit detailed proposals on developing and financing the project, designed to provide a high-speed ground link between Laredo and Dallas. Under a preferred route, running parallel to I-35 near Austin, the route would bypass San Antonio, Austin, Waco and Dallas.

“It has no federal funding for it, and so it is up to the State of Texas to find funding for this interstate corridor,” says Gaby Garcia, spokesperson for the Texas Department of Transportation. “We have no money set aside for this project. No federal funds are set aside for the interstate.”

TxDOT has asked two firms, Zachry American Infrastructure, of San Antonio; and Cintra, a Spain-based toll-road operator, to front the project. Cintra would do business as ‘Bluebonnet Infrastructure’ on this project. Cintra currently operates an east-west toll-road in Indiana, as the result of a highly-protested takeover in 2005, approved by Indiana’s governor at the time.

In an online fact-versus-myth page dedicated to the corridor, or “TTC/I-69” as the state calls it, Governor Perry says the road will be paid for entirely by private financing. When completed, it will be a totally toll-operated highway.

“[It’s] a revenue-generating opportunity for a private partner to have a monopoly on transportation,” says David Stall, of the group ‘Corridor Watch.org’, based in Fayetteville, Texas. “I mean, there’s no free lunch and there’s no free road. And when you layer-in a profit for a private partner that has a monopoly who is going to dictate the price of the infrastructure, absolutely they’re going to pay for it.”

Although there have been previous newspaper articles and maps illustrating the future main artery of the corridor paralleling I-35 and taking about the same path as the brand-new SH130, east of Austin (currently toll), the U.S. Route 59 was recently asserted as the official route for the planned highway. U.S. 59 connects Laredo with roughly west of Victoria, proceeds northeast to Houston, and roughly due north to Texarkana.

“We’re concerned that this has been a project that has excluded public input,” Stall says.

Some critics have also contested the plan in saying that it would divide some of the area’s massive properties, farms and ranches by upwards of a one-half mile. According to Governor Perry’s online “contention” versus “reality” publication, that statement is untrue. He says access roads and overpasses would be built in select locations to give property owners access to their lands. Other critics claim the highway would be built using eminent domain and the state could easily give far less than fair market value to property owners whose land the highway would consume for construction. The Governor claims that assertion is untrue and that property owners have every right to contest any offer made for their property, in court.

The state contends that the project “is needed to make transportation safer, faster and more reliable and to provide for better hurricane evacuation”.

The entire Trans-Texas Corridor could take up to 50 years to complete.

© 2007 Emmis Austin Radio Broadcasting Company, Lp.: www.590klbj.com

Comment: 'Those people' victims of poor highway planning

Link to editorial here.

Guess it took a doctoral candidate in planning and problem solving to get the Express-News Editorial Board to print the concerns the citizens have brought forward for nearly 3 years now. Kudos to Mr. Forrest.

Comment: ‘Those people’ victims of poor highway planning
12/08/2007
By Jay Forrest

Jaime Castillo makes a number of good points in his column “McNeil just doesn’t get the toll-related frustration of ‘those people'” (Monday, Metro).I would add that as one of “those people,” the narrow targeting of toll roads on U.S. 281 and Loop 1604 makes me a victim of extremely shortsighted planning and management, leading me to project an aura of incompetence upon the three primary perpetrators:

The Texas Legislature, which has distorted the “fair” funding option by reallocating “surplus” highway funds and refusing to release them back to the highway department as needed and by refusing to consider raising gasoline taxes as an inferior alternative.

The Texas Department of Transportation, which built highways all over San Antonio with no consideration of the fact they eventually would need to be connected, leading to exorbitant later costs that TxDOT later decided it could not afford.

The city of San Antonio and its past mayors and City Council members, who took the easy route by approving plans for high-density development without regard for the impact on traffic (and, more significantly, water) or pursing projects to ensure adequate transportation.

The tolling of the U.S. 281- Loop 1604 intersection provides a good example of why many of “those people” feel discriminated against. The “intersections” of U.S. 281 and Loop 410, Interstate 10 and Loop 410, U.S. 281 and Loop 1604 and more were built by TxDOT with no consideration of the fact they would need to be connected.

I am not aware of any other major highways or major arteries in Texas that were built without direct ramp connections (i.e., avoiding the traffic-jamming use of surface access roads with traffic lights).

For TxDOT to build and endorse such intersections is beyond incompetent. They should have been built properly, with plans for reasonable connection for the cost of the half-mile extended flying ramps that will correct this oversight and contribute significantly to the cost crunch that leads TX DOT to say the U.S. 281-Loop 1604 intersection requires tolls.

The proposed tolls for the ramps at U.S. 281 and Loop 1604 are discriminatory because, if nothing else, the remedial ramps being built between Loop 410 and U.S. 281 and Loop 410 and Interstate 10 are free. The installation of proper ramps at U.S. 281 and Loop 1604 are similar in that they correct mistakes by TxDOT planners.

There is a further issue that TxDOT views these tolls as a revenue generator. So those of us affected are being singled out to pay not only for the tolled lanes but also to build roads we don’t use. Other drivers get to use ramps for free; why should “those people” pay for ramps and roads that are not tolled? This is a highly arbitrary, discriminatory and inappropriate tax.

I would not be against tolling existing roads so long as everyone in the state paid the same rates for the same vehicles — say, 2 cents a mile for all Texas highways instead of free for some and $2.50 or more a day for others.

Unfortunately, the cost of building facilities to toll all roads would be exorbitant and create a whole new bureaucracy. The same is true for Loop 1604 and the ramps for U.S. 281 and Loop 1604.

The $100,000 a mile spent to toll express lanes on Loop 1604 would be better spent on adding lanes. We already have a means of collecting taxes based on highway use; it is called a gasoline tax.

The real, fair and responsible funding answer lies in a higher gasoline tax in combination with the Legislature returning existing funds to TxDOT; finding other, more appropriate sources of funding for the causes currently using our gasoline taxes; and increasing the fees on the large trucks that destroy interstates and lead TxDOT into perpetual maintenance and highway upgrades.

Proponents of toll roads want me to feel tolling is fair. I think not. We are being asked to pay far more than “our fair share.”

There is a reason we feel discriminated against.


Jay Forrest of San Antonio is a doctoral candidate in foresight and a consultant in long-range strategy, problem solving and opportunities.