Category: General

TURF gets time and freedom to develop its case against TxDOT’s taxpayer funded lobbying

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Link to article here.

Toll road opponents given more time
Express-News
10/18/2007

AUSTIN — Activists targeting a Texas Department of Transportation toll-road campaign got some extra time to develop their case from a state judge Thursday.
The state attorney general’s office, representing TxDOT, wanted state District Judge Orlinda Naranjo of Travis County to dismiss the case, which seeks to stop state spending on the Keep Texas Moving campaign and on any toll-road lobbying efforts by the agency.

Terri Hall of Texans Uniting for Reform and Freedom, who brought the case, contends the Keep Texas Moving campaign violates a state prohibition on state officers or employees using their authority for political purposes.

The state says it is acting legally. It also says Hall doesn’t have standing to bring the lawsuit and that work is completed on the campaign’s current phase anyway, so the lawsuit is moot.

Hall’s group says it wants to prevent planned future expenditures.

Naranjo agreed to a 90-day continuance sought by the group, which wants to gather more documents from the state agency and possibly take depositions from officials, said its lawyer, Charles Riley.

TURF prevails, lawsuit moves forward, allows depositions of TxDOT’s top brass

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IMMEDIATE RELEASE

TURF prevails as Judge grants continuance, allows discovery
TURF attorneys may depose top TxDOT officials

Austin, TX – Thursday, October 18, 2007 – In Travis County District Court today, Judge Orlinda Naranjo granted Texans Uniting for Reform and Freedom (TURF) a continuance allowing TURF to move to the discovery phase and depose top Transportation Department (TxDOT) officials, including Transportation Commission Chairman Ric Williamson himself. Allowing discovery is vital for TURF to force TxDOT to hand over key documents that they’ve been withholding via Open Records requests. TURF is seeking to immediately halt the illegal advertising campaign and lobbying by TxDOT (read petition here).

The State was attempting to throw us out of court with their favorite “get out of jail free” card (called the plea to the jurisdiction), but TURF’s attorneys, Charlie Riley, David Van Os, and Andrew Hawkins outmaneuvered Attorney General counsel Kristina Silcocks to file a motion for a continuance to allow TURF to move to the discovery phase to gather evidence to show TxDOT’s top brass broke the law with the Keep Texas Moving (KTM) ad campaign and lobbying Congress to buyback interstates.

“This is a great victory for Texas taxpayers!” an elated Terri Hall, TURF’s Founder and Executive Director proclaimed. “This egregious misuse of $9 million of taxpayer money by a rogue government agency is one MAJOR step closer to being stopped.”

The tide seemed to turn when Riley showed the affidavit by TxDOT’s Helen Havelka was false. TURF uncovered this August 13, 2007 memo by Coby Chase (read it here) through an Open Records request showing the Keep Texas Moving campaign was not over and in fact it has multiple phases planned with the next one fashioned to influence the upcoming Trans Texas Corridor TTC-69 NEPA (National Environmental Policy Act) hearings planned for early 2008.

With a clear attempt to mislead the court by causing Judge Naranjo and the public to believe the KTM Campaign was over when in fact it isn’t, the State’s credibility and case went downhill from there.

“I wonder what TxDOT’s top brass is saying tonight as they’re being informed they’ve now been added as defendants and may be deposed under oath about their lobbying and ad campaign activities,” pondered Hall. “My guess is the phones are ringing and the paper shredders may just get fired-up.”

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

On Monday, September 24, Judge Naranjo did not initially grant a temporary restraining order (TRO). TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). The burden to obtain a TRO is higher than for an injunction.

“TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT cites its own special law to line their own pockets at taxpayers’ expense,” says an incredulous Terri Hall, Founder/Director of TURF.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad, scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. The petition seeks immediate injunctive relief in a civil proceeding.

Amended petition

Motion for continuance

Request for production

Supplemental affidavit

Response to plea to the jurisdiction

-30-

TURF prevails, lawsuit moves forward, allows depositions of TxDOT's top brass

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IMMEDIATE RELEASE

TURF prevails as Judge grants continuance, allows discovery
TURF attorneys may depose top TxDOT officials

Austin, TX – Thursday, October 18, 2007 – In Travis County District Court today, Judge Orlinda Naranjo granted Texans Uniting for Reform and Freedom (TURF) a continuance allowing TURF to move to the discovery phase and depose top Transportation Department (TxDOT) officials, including Transportation Commission Chairman Ric Williamson himself. Allowing discovery is vital for TURF to force TxDOT to hand over key documents that they’ve been withholding via Open Records requests. TURF is seeking to immediately halt the illegal advertising campaign and lobbying by TxDOT (read petition here).

The State was attempting to throw us out of court with their favorite “get out of jail free” card (called the plea to the jurisdiction), but TURF’s attorneys, Charlie Riley, David Van Os, and Andrew Hawkins outmaneuvered Attorney General counsel Kristina Silcocks to file a motion for a continuance to allow TURF to move to the discovery phase to gather evidence to show TxDOT’s top brass broke the law with the Keep Texas Moving (KTM) ad campaign and lobbying Congress to buyback interstates.

“This is a great victory for Texas taxpayers!” an elated Terri Hall, TURF’s Founder and Executive Director proclaimed. “This egregious misuse of $9 million of taxpayer money by a rogue government agency is one MAJOR step closer to being stopped.”

The tide seemed to turn when Riley showed the affidavit by TxDOT’s Helen Havelka was false. TURF uncovered this August 13, 2007 memo by Coby Chase (read it here) through an Open Records request showing the Keep Texas Moving campaign was not over and in fact it has multiple phases planned with the next one fashioned to influence the upcoming Trans Texas Corridor TTC-69 NEPA (National Environmental Policy Act) hearings planned for early 2008.

With a clear attempt to mislead the court by causing Judge Naranjo and the public to believe the KTM Campaign was over when in fact it isn’t, the State’s credibility and case went downhill from there.

“I wonder what TxDOT’s top brass is saying tonight as they’re being informed they’ve now been added as defendants and may be deposed under oath about their lobbying and ad campaign activities,” pondered Hall. “My guess is the phones are ringing and the paper shredders may just get fired-up.”

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

On Monday, September 24, Judge Naranjo did not initially grant a temporary restraining order (TRO). TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). The burden to obtain a TRO is higher than for an injunction.

“TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT cites its own special law to line their own pockets at taxpayers’ expense,” says an incredulous Terri Hall, Founder/Director of TURF.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad, scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. The petition seeks immediate injunctive relief in a civil proceeding.

Amended petition

Motion for continuance

Request for production

Supplemental affidavit

Response to plea to the jurisdiction

-30-

TxDOT marketing coaches call talk show hosts "PIGS!"

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Link to story here. What ever happened to turning the other cheek? My, my, name calling is the first thing a person devoid of arguments reduces himself to. I doubt these techniques will be useful considering the whole state is now alerted to them. Another $66,000 of taxpayer money WASTED! Thanks TxDOT! OINK! OINK!

TxDOT coached on thwarting toll foes on talk radio
10/17/2007
By Peggy Fikac
Express- News Austin bureau

AUSTIN — When Texas transportation officials talk about bridges these days, they don’t necessarily mean steel spans and concrete girders. Instead, they are being taught how to “bridge” from off-message questions to their own talking points in a toll-road campaign.”You will often be asked questions that don’t get to the points you wish to make or that you don’t wish to answer,” says a “radio interview techniques” section of Texas Department of Transportation documents released under the Public Information Act. “You can use bridging to turn the question to your points.”

One useful phrase, suggests the document — prepared by consultants who are to be paid $24,500 for talk-radio training for the campaign, and tweaked by the department — is this: t”I think what you are really asking is …”

The document also offers this timeless advice: “Keep calm. Leave wrestling to the pigs. They always end up looking like pigs.”

The training document is part of the multimillion-dollar Keep Texas Moving campaign, the subject of a court hearing today.

The hearing comes after activist Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom filed a court petition to stop the agency from spending public funds on the campaign, projected to cost $7 million to $9 million in highway money.

Hall also wants to block any lobbying attempts by transportation officials to persuade Congress to allow more toll roads.

The Keep Texas Moving campaign has a focus on toll roads and the Trans-Texas Corridor network. Both are touted by GOP Gov. Rick Perry and others as necessary in the face of congestion and gas-tax revenues that fall short of meeting road needs. Criticism has centered on the potential corridor route and on the state partnering with private firms to run toll roads.

In her court filing, Hall contends that transportation officials, in promoting the initiatives, are violating a ban on lobbying and on using their authority for political purposes.

The state says TxDOT is allowed by law to promote toll projects and that its campaign is a response to a call from the public and from elected officials for more information on road initiatives.

State District Judge Orlinda Naranjo of Travis County last month refused to order an immediate stop to the spending. Naranjo today will consider a state request that she dismiss the case.

The state contends the legal complaint is moot because an existing contract for media services was due to end Sept. 30.

Thompson Marketing of San Antonio got a state contract of nearly $2 million last year for the first phase of the project, which included a marketing development plan and such items as TV and radio spots, print ads, internet banner ads and billboards.

The company billed the agency in March regarding a Senate transportation hearing and in April and May for “legislature, media monitoring for strategic planning, messaging.” Lawmakers this year worked to curb new private toll projects.

The state plans no more spending on “any future media placement under the current Keep Texas Moving campaign” but still needs to pay Thompson Marketing for some previous work, said an affidavit by Helen Havelka, the campaign’s manager.

The agency also has a $20,000 contract for talk-radio training for transportation officials with the Rodman Co., which subcontracted with ViaNovo, whose team includes former Bush strategist Matthew Dowd. It plans another $4,500 training class, and the two consulting companies plan two telephone town-hall meetings at a cost of $17,480.

Rodman and ViaNovo worked on the radio training guide, said TxDOT spokesman Chris Lippincott, who also had input on the document, titled “Talking on Talk Radio.”

“The talk radio environment runs the gamut from productive and thoughtful to vitriolic and silly,” Lippincott said. “We certainly want to prepare (agency spokespeople) for all possibilities, and that includes everyone from a skeptical talk-show host to an outright hostile caller.”

Allard: TxDOT gone too far

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Link to article here. We could all use some laughter over this toll road fight, and Col. Ken Allard gladly delivers. Let the insurgency begin!

Ken Allard: Give TxDOT red light before it goes too far
San Antonio Express-News
10/17/2007

Forgive me, fellow Texans, but I’m just a newcomer who looks ridiculous in a cowboy hat and doesn’t even own an SUV. Quickly recognizing Eastern transplants, tourist shops try to sell me bumper stickers: “Wasn’t born in Texas, but I got here just as soon as I could.”So can you help me connect these dots while we wait for the daily Boerne-Loop 410-airport-Seguin-San Marcos traffic jam to clear up?

News item No. 1: Pleading a funding shortage, the Texas Department of Transportation announced it will cut $1.8 billion in road construction, including at least $57 million (apparently earmarked in a weak moment) to widen clogged San Antonio highways.

News item No. 2: Today, Travis County District Judge Orlinda Naranjo will decide if TxDOT officials acted illegally in spending taxpayer funds to drum up political support for toll roads (TxDOT’s preferred solution to the state’s transportation crisis).

News item No. 3: A private contractor received more than $750,000 from TxDOT to send road condition surveys to 150,000 presumably startled motorists whose license plates were “randomly recorded” by TxDOT surveillance cameras hidden in orange barrels on Interstate 35 from Laredo to Dallas.

As a one-time regular on his MSNBC simulcast, I would often hear radio shock jock Don Imus exclaim, “You just can’t make this stuff up!” Indeed you can’t when it comes to TxDOT, which gives an entirely new meaning to the phrase “out of control.”

Has no one in the Lone Star State ever heard of “checks and balances”? (Hint to local high schoolers about to endure new rounds of standardized testing: This term does not refer to financial matters!)

Had TxDOT somehow been cast as a character on “The Sopranos,” the only question would be: How long before Paulie Walnuts takes ’em out to get whacked?

While the arrogance of government agencies and personalities is the hardiest of all perennials, there is always the inevitable downside.

A powerful congressman such as Wilbur Mills winds up cavorting with stripper Fanne Fox in the Tidal Basin. FBI Director J. Edgar Hoover is eventually revealed to have had a fondness for basic black, apparently accessorized with really nice pumps and pearls.

So just how far can TxDOT push its luck before somebody wakes up and gives the agency its long overdue comeuppance?

Had anything like the trifecta of excesses outlined above occurred in Washington rather than Austin, the offending agency director would have been instantly summoned to appear before investigating committees, with the usual tiers of media mavens and photographers-in-waiting. With cameras scrutinizing every flinch, the tough questions for the TxDOT director would begin.

Who decides which road improvements are funded by your agency — and with whose concurrence? What public input is solicited, and why should the public believe TxDOT when you say you’re running out of money?

What gives you the idea that a taxpayer-funded public agency has any business using those tax dollars to lobby for its own interests? And why waste almost a million dollars on a “Big Brother” survey about road conditions that your department should have understood to begin with?

Until such questions are asked and answered, simply think of TxDOT as a state agency being gradually auctioned off to a hot-bidding coalition of builders, developers, heavy equipment contractors and construction magnates.

One thing is certain: We are quickly losing much of San Antonio’s special character to chaos — unbridled expansion, high-density housing and utterly unplanned growth. Despite growing questions about its transparency and competence, TxDOT acts as an obliging accomplice while fields, forests and the last remnants of an irreplaceable frontier culture are bulldozed into 24 lanes of privatized, toll-bearing concrete, complete with access roads.

Know what San Antonio will look like if these guys win? Houston!

Know what we are if we let that happen? Stupid!

Reasons enough to demand that our political leaders bring TxDOT’s antics to a screeching halt before it starts putting up toll booths at the end of your driveway.

(Got here just as soon as I could to warn you.)

Perry endorses pro-Trans Texas Corridor Giuliani for President

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The Trans Texas Corridor officially arrived on the national stage and square in the middle of presidential politics today with Texas Governor Rick Perry’s endorsement of Rudy Giuliani for President. With Giuliani being the extreme polar opposite of just about everything Perry claims to represent as a “conservative,” the only explanation for his cozy relationship with Giuliani is their common tie to Cintra and the Trans Texas Corridor. For a reminder of Giuliani’s ties to Cintra, read here. To read about how Perry is expected to be tapped as Giuliani’s Vice Presidential running mate, go here.

Given that Perry couldn’t even garner more than 39% of the vote in his last election and his betrayal of conservatives ever since (conducted an all out assault on border security, parental rights, private property rights, and keeping transportation taxes as low as possible when he flip flopped on the border, mandated the HPV vaccine for 10-11 year old girls, vetoed a bill to give protection from eminent domain abuse, and vetoed a private toll moratorium bill), does anyone honestly think Perry will help rather than hurt Giuliani and can anyone honestly call him a “conservative”? He’s about as conservative as Bush. They’re both more like advocates of state-run capitalism!

Perry endorses Giuliani for president
By Peggy Fikac
Express-News, Austin bureau
10/17/2007

AUSTIN – Gov. Rick Perry this morning endorsed former New York mayor Rudy Giuliani for president, saying on Fox News that he would campaign for the man he believes is best-suited to lead America during “probably one of the most important times in our history with a war on terror going on.

“For the last six months, I have cogitated, I’ve looked, I’ve studied these candidates — some of them I know very well — and came to the conclusion that the individual who can lead America with clarity, the individual who has the experience, the individual who cleaned up a city that was absolutely on its back is mayor Rudy Giuliani,” Perry said.

“I’m proudly and excitedly going to campaign for him and work for him,” Perry said, appearing on Fox & Friends for what was touted by the news channel as a “humongous Texas-sized announcement.”

Perry, who touts his record as a conservative, made a reference to a difference in views on some issues with Giuliani, who has backed the right to abortion and gay rights.

Perry has supported abortion restrictions — including a requirement for girls to get parental consent for abortion — and a constitutional ban on gay marriage in Texas. In a recent speech to California Republicans, Perry touted that record and said the GOP must stay true to its conservative values.

“We spent an inordinate amount of time together over the course of the last six weeks talking about issues, both on the phone and face to face,” Perry said of Giuliani. “I looked him in the eye and I asked him questions on some issues that we don’t agree on.”

But Perry, in a phrase he often uses, said, “I don’t get tied up with the process. What I look for is results.”

Citing his work cleaning up New York City, the GOP governor said Giuliani “is the individual who will give us the results that will make America safer, that will move our economy forward, that will put strict constructionists on the Supreme Court …”

Some have suggested Perry may be a possible contender for vice president, with his appeal to conservatives especially important if a candidate such as Giuliani is the nominee. Others scoff at that idea.

Some say the term of President Bush, the previous Texas governor, will make it difficult for the GOP to put another Texan on the ticket. Asked about that on Fox, Perry said with a chuckle, “I’ve got the best job in the work. Ask the president.”

When pressed, he said, “I have no interest in going to Washington, DC. It’s not a place that I have passion about. I’ve got three-plus years left in my term as the governor of a great state … whose economy is doing quite well and intend to do that and finish out that term.”

Canadians want referendum on North American Union

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Canadians call for vote on SPP
Activists demand national referendum on ‘continental divide’

Posted: October 15, 2007
1:00 a.m. Eastern By Jerome R. Corsi
 © 2007 WorldNetDaily.com

Canadian activists are demanding Prime Minister Stephen Harper fulfill a promise and submit the Security and Prosperity Partnership of North America to a national referendum for an up or down vote.

“The Prime Minister of Canada and his cabinet in both Liberal and Conservative regimes support the unification of North America as witnessed by the fact of [former Prime Minister] Paul Martin and [current Prime Minister] Stephen Harper being signatories to the SPP process,” said Connie Fogal, leader of the Canadian Action Party.
Fogal rejects the idea that the vote on SPP should be taken solely in the Canadian Parliament.

“A decision about the restructuring of Canada into an integrated North America is not a decision for parliament, but for the citizens of Canada,” Fogal says. “What every Parliamentarian should do is call for a no confidence vote on this issue to cease unification of Canada, the USA and Mexico, and then run a campaign on the life of Canada not its death.”

Maude Barlow, the National Chairperson of the Council of Canadians, agrees.

“So far, only 30 CEOs from North America’s richest corporations, including Lockheed Martin, Bank of Nova Scotia, Chevron, Power Corporation and Merck, have had any meaningful input,” a news release on Barlow’s website proclaims. “Only they have been invited to annual closed-door meetings of SPP leaders and ministers, such as the one that took place in Montebello, Quebec, in August.”

As WND previously reported, the North American Competitiveness Council, or NACC, dominated the SPP closed-door meetings with the SPP trilateral working groups, the trilateral cabinet members in attendance and President Bush, Mexico’s President Felipe Calderon, and Harper at the third annual SPP summit in Montebello, Quebec, on Aug. 20-21.

WND has also reported the NACC is a shadowy council of 30 top North American multinational corporations self-appointed by the Chambers of Commerce in each of the three countries to constitute the sole outside advisory to the SPP.

The 30 companies composing the NACC are listed on a memo posted on the U.S. Chamber of Commerce website.

In the United States, the companies on the NACC are:

  • Campbell Soup Company
  • Chevron Corporation
  • Ford Motor Corporation
  • FedEx Corporation
  • General Electric Company
  • General Motors Corporation
  • Kansas City Southern
  • Lockheed Martin Corporation
  • Merck & Co., Inc.
  • Mittal Steel USA
  • New York Life Insurance Company
  • Procter & Gamble
  • UPS
  • Wal-Mart Stores, Inc.
  • Whirlpool Corporation

No union leaders, public interest groups, environmental advocates or news media have ever attended the closed-door of the NACC with the SPP.

According to a document on the Commerce Department’s SPP website, the organization of the NACC was agreed upon by the three leaders on March 31, 2006.

“We are pleased to announce the creation of a North American Competitiveness Council,” the White House announced the same day.

“The Council will comprise members of the private sector from each country,” the White House said, “and will provide us recommendations on North American competitiveness, including, among others, areas such as automotive and transportation, steel, manufacturing, and services. The Council will meet annually with security and prosperity Ministers and will engage with senior government officials on an ongoing basis.”

On Sept. 25, Harper made a speech to the Council on Foreign Relations in New York where he again endorsed SPP.

In a transcript archived on the CFR website, Harper referred to the NACC, saying: “At the North American summit that Canada hosted in Montebello last month, I was struck by the power of the message sent to us by the leaders from the American and Canadian private sectors.”

“They appealed to us to see the connection between security and prosperity,” Harper continued. “They told us that without the ‘and’ we won’t have either.”

The CFR website also has archived a video of Harper’s Sept. 25 remarks.

Express News: SECRET MEETING spurs citizens to get a briefing FIRST!

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An Express News story touches on the SECRET MEETING for BIG business, but focuses more on the 281 toll rates.

Of course, the article doesn’t mention that we only pay 1-3 cents a mile in gas taxes and the national average for toll rates is 9 cents per mile. So 17 cents per mile is a BIG tax hike we’ll all pay, since trucks and businesses will pass on the toll costs to customers. AND let’s not forget that the improvements to 281 are ALREADY PAID FOR with gas taxes (see proof here and here) so WE DO NOT NEED TOLLS! We’ve been told it’s necessary to convert 281 into a tollway to accelerate improvements. They’ve had the gas tax money for the first 3 miles since 2003, for the rest of the fix to Borgfeld by 2004, and now as a toll road, it’ll cost 4 times the price and only get to Marshall Rd! It also fails to mention SAMCo is taxpayer funded and represents the HIGHWAY LOBBY, so don’t let the non-profit tag fool you!

The article states…
The authority will brief the nonprofit mobility coalition at a private meeting Friday at Valero Energy Corp. to strategize support for toll plans.

“We want everyone to have a chance to see this, to ask questions,” Boyer said. “We were on the ball and asked for it.”

When Hall heard about Boyer’s meeting, she called Reed to set up a presentation for toll critics, which will be held at 6 p.m. today at Chester’s Burgers at 16609 San Pedro Ave. She said she wants to know how much profit U.S. 281 toll lanes will generate.

“That’s the real crux of the matter,” she said. “That’ll be interesting.”
______________________________

17 cents will get you a mile

Web Posted: 10/16/2007 12:04 AM CDT

Patrick Driscoll
Express-News Noisy, anxious speculation over how much motorists will pay to use toll lanes on U.S. 281 has ended with a silent revelation.Barring legal action and a dramatic turnaround in the courts, drivers in two- and three-axle vehicles could pay 17 cents a mile when the first four miles of U.S. 281 toll lanes open in 2012, according to documents posted on the Web without fanfare Monday.

Rates might increase 2.75 percent a year through 2017 and then 3 percent annually after that, about as fast as consumer inflation has been rising.

The Alamo Regional Mobility Authority, which will develop the U.S. 281 tollway, negotiated for months behind closed doors with the Texas Department of Transportation to set the toll rates and had carefully kept the numbers hushed.

But the local Metropolitan Planning Organization must sign off on the deal, and following its habit of releasing information before meetings, posted the proposed toll fees. The organization meets next Monday.

“There you go,” spokesman Scott Ericksen said. “It’s just our process.”

Now that the rates are out there, a furious long-running debate over toll roads will now shift to new ground.

“I’m just glad we’re finally getting down to the nitty-gritty,” said Jim Reed, a mobility authority board member.

Terri Hall, founder of San Antonio Toll Party and Texans Uniting for Reform and Freedom, said the fees, while comparable to Houston and Dallas, are higher than some other states — a claim borne out by a recent state audit.

“Texans have to be asking themselves, ‘Why do we have to pay so much?'” she said.

Vic Boyer, director of the public-private San Antonio Mobility Coalition, said business and road industry officials are so far warm to the rates.

“I think they feel fairly comfortable with what they’ve seen,” he said.

Rebuilding U.S. 281 into a tolled expressway with nontoll frontage roads from Loop 1604 to Marshall Road is just a start for the mobility authority.

The agency hopes to use $258 million in public funds and sell bonds backed by decades of toll fees to add $1 billion worth of toll lanes to highways:

The first 4 miles of U.S. 281 — which officials say will cost $200 million, a third more than estimates earlier this year. Construction starts next summer.

U.S. 281 toll lanes to Comal County. No timetable has been set.

Loop 1604 from Culebra Road to U.S. 281. Construction starts in late 2009.

Plans also call for tolled interchange ramps along Loop 1604 to give motorists faster shots to other freeways such as U.S. 281. The proposed toll rates under consideration for 2012 suggest charging 57 cents for each ramp.

Emergency and military vehicles would get free passage on toll lanes. VIA Metropolitan Transit would get a $42,000 a year break, enough to allow buses and vans to ride free, but the agency would have the option of spreading its exemption among other vehicles, such as vanpools.

In 2012 trucks would be charged 46 cents a mile on toll lanes and $1.15 per interchange ramp.

There would be no tollbooths. Instead, motorists would pay via an electronic scanning system.

“Our goal is to be reasonable, to keep it affordable,” mobility authority Chairman Bill Thornton said.

The authority will brief the nonprofit mobility coalition at a private meeting Friday at Valero Energy Corp. to strategize support for toll plans.

“We want everyone to have a chance to see this, to ask questions,” Boyer said. “We were on the ball and asked for it.”

When Hall heard about Boyer’s meeting, she called Reed to set up a presentation for toll critics, which will be held at 6 p.m. today at Chester’s Burgers at 16609 San Pedro Ave. She said she wants to know how much profit U.S. 281 toll lanes will generate.

“That’s the real crux of the matter,” she said. “That’ll be interesting.”

EXCLUSIVE: SECRET briefing on toll rates for BIG BUSINESS before public gets access

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The San Antonio Mobility Coalition, SAMCo, run by Joe Krier, along with the San Antonio Free Trade Alliance will be hosting a secret meeting October 19 at the Valero campus prior to even the PUBLIC getting access to toll rates and the toll rate escalation for 281 on October 22. The highway lobby that feeds at the public trough was slated to get advance access the PUBLIC hasn’t been privy to. This is especially distressing considering SAMCO and the Free Trade Alliance are taxpayer funded. Citizens have to take time off work and head downtown to a place where parking is scarce (MPO mtgs at Via) just to hear this information on their own dime, yet our public agencies bring this vital toll tax information right to the business community’s doorstep while they’re all on the clock (some of whom are on the taxpayer’s dime, too!).

It’s an outrage that those who will profit off these toll plans get special treatment at the taxpayers’ expense! However, through a turn of events, we asked that the tolling authority brief citizens FIRST on the toll rates at our Tuesday meeting and they AGREED! The taxpayers demanded transparency, sunshine, accountability, and that the public get TOP PRIORITY, and now the PUBLIC gets to scoop the HIGHWAY LOBBY!

Government ought to be operating without even the APPEARANCE of impropriety, this SAMCo meeting smacks of corporate cronyism and backroom deal-making which has become the norm with Perry and his highway dept.

Not only will the hogs at the trough be treated to the potential pricetag road contractors can reap for tolling our public highways, the stated purpose of the meeting is to strategize on how to influence the upcoming MPO vote that must approve the toll rates to move forward.

The purpose of the briefing is to provide:

1) An advance preview of the US 281 and Loop 1604 financial plans prior to these critical MPO meetings;
2) A forum to discuss cooperative action and joint strategy to support the financial plans and SMP amendments at the October 22 and December 3 MPO meetings.
3) Coordination of supportive resolutions, letters, emails, testimony, editorials, etc. prior to the final MPO votes.

Read the entire invitation here.

This meeting is significant because we caught them with their hands in the till using taxpayer money to lobby against the taxpayer and caught BIG BUSINESS getting special privileges NOT afforded the public until an MPO mtg Monday, Oct 22. Why does BIG BUSINESS need to know the toll rates and 281 profit levels before the general public?
SEE LIST OF CORPORATIONS GIVEN A SEAT AT THE TABLE BELOW

Mad yet? Read the list of the corporations involved in SECRET meetings with the U.S., Canadian, and Mexican governments to push for a North American Union in what amounts to forming a trade cartel. Time to dust off the anti-trust unit at the Justice Department!

Full World Net Daily article here.

As WND previously reported, the North American Competitiveness Council, or NACC, dominated the SPP closed-door meetings with the SPP trilateral working groups, the trilateral cabinet members in attendance and President Bush, Mexico’s President Felipe Calderon, and Harper at the third annual SPP summit in Montebello, Quebec, on Aug. 20-21.

WND has also reported the NACC is a shadowy council of 30 top North American multinational corporations self-appointed by the Chambers of Commerce in each of the three countries to constitute the sole outside advisory to the SPP.

The 30 companies composing the NACC are listed on a memo posted on the U.S. Chamber of Commerce website.

In the United States, the companies on the NACC are:

* Campbell Soup Company
* Chevron Corporation
* Ford Motor Corporation
* FedEx Corporation
* General Electric Company
* General Motors Corporation
* Kansas City Southern
* Lockheed Martin Corporation
* Merck & Co., Inc.
* Mittal Steel USA
* New York Life Insurance Company
* Procter & Gamble
* UPS
* Wal-Mart Stores, Inc.
* Whirlpool Corporation

No union leaders, public interest groups, environmental advocates or news media have ever attended the closed-door of the NACC with the SPP.

According to a document on the Commerce Department’s SPP website, the organization of the NACC was agreed upon by the three leaders on March 31, 2006.

“We are pleased to announce the creation of a North American Competitiveness Council,” the White House announced the same day.

“The Council will comprise members of the private sector from each country,” the White House said, “and will provide us recommendations on North American competitiveness, including, among others, areas such as automotive and transportation, steel, manufacturing, and services. The Council will meet annually with security and prosperity Ministers and will engage with senior government officials on an ongoing basis.”

Read these to open your eyes to other secret meetings for special interests:

Secret meeting on TTC 69, corporations invited, public/press is not.

More secret meetings with corporations invited, public/press shut out.
here, here, and here.

Comal County studied tolls for Hwy 46 and US 281

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Link to article here.

Here’s proof Comal County Commissioners explored tolling US Hwy 281 and Hwy 46…“County officials initially considered toll projects to move the Texas 46 and U.S. 281 projects along quickly, but traffic count projections showed tolls wouldn’t have raised enough money to make that option feasible.”

TxDOT’s Greg Malatek and David Casteel along with County officials called me a liar for saying they intended to toll 281 and Hwy 46 in Comal County. The above quote is vindication and proves who is lying to whom. So now we’re supposed to believe them when they say no tolls will be coming to Comal County?

As soon as they develop the area to death and jam thousands of homes and commercial strip malls into the county bringing more traffic to our highways, rest assured, they’ll toll it. These pass through financing contracts actually give them an incentive to overdevelop the Hill Country since TxDOT pays the county back based on the number of cars using the highways. So drive away!

Comal acts fast, snags funds for wider 281
By Roger Croteau
Express-News< 10/11/2007 NEW BRAUNFELS — Comal County officials approved a contract with the state Thursday to widen U.S. 281 from the Guadalupe River north to the Blanco County line. And the 5.6-mile, $35 million project won't include any tolls. The Texas Department of Transportation will foot $19 million of the bill. In a "pass-through" financing agreement, Comal County will issue certificates of obligation for $16 million to pay the rest of the project cost, and TxDOT will pay the county back most of the money. The county will be responsible for the interest payments on the $16 million, as well as 10 percent of the cost of right of way and relocating utilities. The state will pay the county back somewhere between $2.6 million and $4 million a year, based on the number of cars that travel the road. County officials initially considered toll projects to move the Texas 46 and U.S. 281 projects along quickly, but traffic count projections showed tolls wouldn’t have raised enough money to make that option feasible.

“I believe TxDOT is about financially incapable of doing this kind of deal any more, so we are striking while the iron is hot,” Comal County Commissioner Jay Millikin said.

TxDOT District Engineer David Casteel said the department recently gave a presentation showing the shortfall in available funding for road construction in Texas.

“If you were not real aggressive, like Comal County, the opportunity to do a pass-through deal is probably gone,” Casteel said. “Comal County was very wise to move so quickly.”

Comal and New Braunfels officials also agreed last year to a separate $16 million in pass-through financing for the Texas 46 widening project from the Bulverde city limits to Landa Street in New Braunfels. That project will cost $61 million and is under way.

The U.S. 281 project is moving quickly toward construction as well, Casteel said. The environmental studies and public comment period are almost done and right of way acquisition could start within a year.

The 5.6-mile stretch now is two lanes. It will become a four-lane, divided highway.

County Commissioner Jan Kennady noted two recent collisions on that stretch of U.S. 281, one of which killed three people.

“There’s not doubt about it, if you widen it and add medians, it’s going to be safer,” she said.