Tolling Authority did inadequate toll study for 281, no study of impact of high gas prices

Link to article here. See the letter the State Auditor sent to the Alamo Regional Mobility Authority (ARMA) warning them of their inadequate toll viability study that failed to take into account high gas prices. High gas prices have been responsible for declines in driving and toll road use. Yet the ARMA continues to stick its head in the sand and ignore the economic signs that the 281 and other toll projects are in jeopardy due to high gas prices. And who will pay for such malfeasance? The taxpayers left to bailout the bonds when the toll roads default.

U.S. 281 toll-road planners didn’t figure on costly gas
By Patrick Driscoll
Express-News
August 8, 2008
Gas prices shot through the roof this year and a debate drags on over what the future holds, but none of that was reflected in recent traffic and revenue projections for the planned U.S. 281 toll road.

As a result, the estimates got a thumbs-down last month from State Auditor John Keel, who meted out his case in a single page of bean-counter lingo.

“Explicit consideration for the possible effects of higher motor fuel prices on the usage of the toll facility and, therefore, on revenues would seem warranted,” he concluded in a letter to the Alamo Regional Mobility Authority.

The state auditor doesn’t actually sign off on traffic and revenue reports from toll agencies. According to a 2007 tolling law, the auditor just reviews and comments on them.

Alamo Regional Mobility Authority Director Terry Brechtel noted that in a letter responding to Keel, saying the audit’s over.

However, she said the local agency agrees with his criticism and already had asked the consultant, URS Corp., to do a gas-price impact analysis.

“We will nevertheless forward to you a copy of the fuel sensitivity analysis once it is completed,” she said.

Such an analysis was a no-brainer to toll-road critics as long as two years ago.

Activists had tried to get the Metropolitan Planning Organization, which approved 70 miles of tollways in San Antonio, to study rising gas prices and the impacts to toll bonds that can stretch over several decades. The MPO board refused.

“It doesn’t make sense,” said Terri Hall of Texans Uniting for Reform and Freedom. “We’re glad the state auditor has the same concerns that we do. Will this road even be viable in 10 years with the trends we’re seeing in gas prices?”

Wary motorists have been scaling back in the face of gas prices soaring to a record U.S. average of $4.11 a gallon last month, according to AAA.

Americans drove 2.4 percent fewer miles through May compared to the same time last year and rush-hour congestion eased in many U.S. cities from March through May, federal data show.

San Antonio drivers spent 4.7 percent less time stuck in traffic, though officials say new lanes opening on Interstate 10 and new ramps at two Loop 410 interchanges helped.

Americans also have started avoiding some toll roads, with Houston reporting a 3 percent drop in traffic from March through June, and Dallas seeing a 2.3 percent slip in June on its President George Bush Turnpike. Growth on the Dallas North Tollway was flat.

Dallas’ North Texas Tollway Authority asked its consultant to take another look at traffic projections for planned toll lanes on Texas 161.

“But they’re not anticipating any change,” Dallas toll spokeswoman Sherita Coffelt said.

Unlike San Antonio’s toll-road consultant, Moody’s Investors Service took rising gas prices seriously Thursday when it issued a stable but cautious report on U.S. government toll roads through 2009. The long-term outlook was more uncertain.

“Gas prices at around $4 per gallon for a prolonged period could have a dampening effect on traffic and revenue and, if declines are not offset by rate increases, it could cause Moody’s to change our stable outlook,” Moody’s Senior Vice President Maria Matesanz said in a statement.

Federal forecasters say gas prices will spike even higher next year, but where they go from there is wrapped in a muddy debate on when global oil production will peak and begin to slide. Some say it’s happening now; others say there’s a four-decade cushion for technologies to come to the rescue.

San Antonio toll officials, getting ready to sell 40-year bonds later this year to help fund toll lanes on eight miles of U.S. 281 north of Loop 1604, are undeterred. They point to the success of Austin’s 65 miles of toll roads, which began opening in late 2006 and are raking in more money than expected.

“If we get higher fuel efficiencies in our vehicles, that could have an impact,” Alamo Regional Mobility Authority spokesman Leroy Alloway said. “People are still going to be driving, we’re still a very auto-centric country.”

Still, many toll critics aren’t sold on the car-dominated vision.

“It’s time for us to shift to sustainability, by moving to mass transit, or pay the price,” Bexar County Commissioner Tommy Adkisson said. “All the warning signals are there.”

Chair of tolling authority comes unhinged at toll opponents

Repeating their only song, the Alamo Regional Mobility Authority Chairman Bill Thornton, appointed by Rick Perry to promote toll roads at any cost, continues it’s mantra that toll opponents, specifically TURF is to blame for the 281 project costs going up. Their plan is unraveling, and they have to resort to lies to try and fool the public into supporting their billion dollar house of cards.

In fact, the very same day Thornton made these comments, the RMA Board called a special meeting to discuss (and they’ll take action at their next meeting) a $95 million loan that will cost the taxpayers $700 million in interest! The RMA can’t get the financing together for the 281 toll road, so they’re having to grasp at very risky, very expensive loan deals to hold together their sinking ship. Even board member Bob Thompson, their latest convert, expressed deep reservations about going into debt for 7 times the amount of the actual loan, so did Jim Reed. Calling it usury is no exaggeration! Who’s causing the costs of this project to escalate out of control? Certainly not the citizens!

Last week after the Sunset Commission and legislators slammed TxDOT (watch it here) for NOT following the legislative intent of a law they passed to prohibit FREEway to tollway conversions like they’re doing on 281, and AFTER they witnessed TxDOT lie under oath in full color on this video, it’s no wonder the tollers are getting desperate.

No lawsuit was filed until December of 2005, two years AFTER TxDOT had the gas taxes to expand 281 and add overpasses and frontage roads. When Cintra-Zachry got involved, the project cost escalated rapidly.

The toll road size got bigger and more expensive when TxDOT tried to skirt around a law, HB 2702, prohibiting freeway to tollway conversions that mandated they build as many non-toll lanes as are there today. The plan to downgrade those non-toll freeway lanes to frontage lanes bringing the lane count from 10 (in the original gas tax plan) to up to 20 lanes (in the toll plan) and has caused the Legislature to slam TxDOT for NOT following the legislative intent of their law to prohibit freeway to tollway conversions. Watch the explosive video here.

Bottom line, TxDOT and politicians are responsible for delaying the fix to 281 and for the cost escalation when THEY decided, without a public vote, to fleece the taxpayers and generate revenue by converting 281 from a FREEway into a toll road in 2003. Let’s compare: the freeway plan = $100 million, 10 lanes wide (including frontage roads) and 18 months to build, the toll road = $1.3 billion, up to 20 lanes wide (with frontage roads) and 3.8 years to build. Do the math, the toll road is a taxpayer rip-off, and the RMA and TxDOT are engaging in overt lies, half truths, and diversionary tactics to distract from the public fleecing they’re promoting, despite overwhelming public opposition.

Let’s get the facts straight…

281 timeline

1999

MPO (Metropolitan Planning Organization, local board that allocates gas taxes to projects) votes to fund overpasses/interchanges at Evans Rd., Stone Oak Pkwy, and Borgfeld to be “let” in 2002. (Official action put these 281 projects in the MPO’s 2000-2003 Transportation Improvement Program, or TIP)

2001

TxDOT public hearings promising freeway plan (including overpasses, 2 new lanes, and frontage roads) to be “let” in 2003.

MPO votes to fund all freeway improvements (lane expansion, frontage roads, overpasses) for the 2.5 miles north of 1604 and for Borgfeld overpass, places funds in 2002-2004 MPO TIP (upwards of $60 million, total pricetag to county line is $100 million, so majority of improvements could have been made in 2003).

2003

Legislature passes HB 3588 opening door to tolling, public private partnerships (PPPs that place infrastructure in the hands of foreign companies), payments to losing bidders, including converting existing freeways into toll roads.

Bexar County Commissioners vote to petition the State to open a Regional Mobility Authority (tolling entity).
Transportation Commission passes Minute Order December 18 mandating all new lanes and new roads be studied for tolling. If they can make it toll viable (including using public subsidies), everything will now become a toll road.

MPO votes to continue to fund 281 improvements with gas taxes in the 2004-2006 TIP.

2004

In July, MPO votes to convert 281 freeway improvements (already funded with gas taxes) into toll road.

2005

Cintra-Zachry plunks down an unsolicited bid to buy-up the rights to toll both 281 and 1604 offering quick cash to TxDOT in exchange for collecting tolls for 50+ years.

MPO votes to fund 281 improvements (now a toll project) with gas taxes in the 2006-2008 TIP.

Legislature passes bill, HB 2702, to prevent the conversion of freeways into toll roads. TxDOT and the RMA change plain meaning of words and defy the legislative intent by continuing to convert 281 into a toll road leaving frontage roads, not freeway lanes, as the non-toll.

In December, People for Efficient Transportation and AGUA file federal lawsuit to stop the 281 toll project.

2006

In January, Federal Highway Administration agrees TxDOT didn’t follow federal law and pulls environmental clearance for 281 toll road. Toll opponents continue to fight to get gas tax plan installed in its place (at the MPO and TX Legislature).

In San Antonio Current article in August, TxDOT confirms there’s now $100 million in gas taxes for 281 (the exact pricetag for ALL the FREEway improvements from 1604 to Bexar County line).

In December, MPO votes to apply gas taxes for 281 to the toll project in its 2006-2008 TIP.

2007

Legislature puts the brakes on PPPs with SB 792 moratorium, Cintra-Zachry deal pulled, Alamo RMA takes 281 toll project.

Cost for 281 & 1604 toll projects jumps from a combined $1.4 billion to $2.2 billion per San Antonio Business Journal (the cost of the 281 project by itself had never been listed as greater than $400 million up until then). There was no explanation for this new figure in the article. Not even with factoring in the construction index (which is higher than the consumer price index used for inflation) can such figures be justified.

In December, MPO votes to approve toll rates and to subsidize the 281 toll project with $325 million in public funds (not backed by tolls, that could be used to keep it a freeway) of the $475 million needed to construct the toll road (that is now 4 times more expensive than the freeway in construction costs alone).

2008

In February,  Texans Uniting for Reform and Freedom (TURF) and AGUA file federal lawsuit to stop the 281 toll project. Plaintiffs announce no opposition to freeway plan, only seek to stop the toll road. Grassroots continue to work to keep 281 a freeway.

In June, Alamo RMA discloses scant financial details in public hearing and reveals the $475 million toll road will cost $864 million in interest bringing the pricetag to $1.3 billion for a project cost that started at $100 million in gas taxes (could be done in today’s dollars for $170 million).

On July 22, AFTER its public hearing disclosing the financial structure of the deal, Alamo RMA does a bait and switch, changes the type and structure of the loans/bonds and seeks a different type of loan for part of the project. For a loan amount of $95 million, the cost to the taxpayers with interest will be $700 million in order to scrape funds together in a desperate attempt to finance a project the public can no longer afford.This is nothing short of usury and fiscal malfeasance!

Then, Bill Thornton blames citizens for cost escalation, not their own funding schemes with lending terms so bad it’s equivalent to a sub prime mortgage loan headed for a taxpayer bailout. Neither lawsuit had anything to do with TxDOT’s failure to install the FREEway improvements funded with gas taxes since 2002. The cost escalated when TxDOT/RMA turned it into a toll road.

Even factoring in inflation and higher construction costs, the FREEway plan is now $170 million (which the $325 million the MPO has allocated to the toll road would more than cover) versus the toll road cost of $1.3 billion. TxDOT delayed the project in 2003 when they went on a toll road rampage, not concerned citizens. The RMA and TxDOT will charge the taxpayers 10 times more to make 281 a toll road.

Alamo RMA approves toll contract despite citizen comment against it

Link to article here. Read citizen comment at this hearing here.

U.S. 281 toll pact gets board’s OK
06/11/2008
By Patrick Driscoll
Express-News
Voting in the shadow of a federal lawsuit and record high gas prices, the Alamo Regional Mobility Authority approved a contract Wednesday to rebuild part of U.S. 281 into a tollway.

It’s time, Chairman Bill Thornton said, to put some 600 people to work over the next four years to give congestion-weary motorists new express lanes and bring in toll revenues that someday might help fund other projects.

“It is an immediate benefit,” he said.

At a public hearing before the board vote, four speakers from business groups and a former San Antonio councilman agreed with Thornton.

“If we don’t move forward today, then we’re doing this community a terrible disservice,” said Richard Perez, president of the Greater San Antonio Chamber of Commerce. “Please move forward with it quickly.”

Eight speakers derided the toll plan. They called for switching back to a cheaper gas-tax funded project and asked how drivers can afford tolls when regular-grade gasoline now averages $3.90 a gallon in San Antonio and federal officials say prices will remain high at least through next year.

“This plan has been funded and should have broke ground in 2003,” said Terri Hall, founder of Texans Uniting for Reform and Freedom. “I guess you left us no choice. I’ll see you in court.”

TURF and Aquifer Guardians in Urban Areas filed a federal lawsuit in February to demand a more detailed study on financial impacts to motorists and effects to the Edwards Aquifer and wildlife.

The mobility authority hopes to resolve the lawsuit in time to sell bonds and start construction in October. The $328 million design-build contract with Cibolo Creek Infrastructure Joint Venture, which the board approved Wednesday, could be signed as early as July 16.

The 10- to 20-lane toll road, including non-toll access roads to replace existing highway lanes, would stretch 8 miles between Loop 1604 and Comal County.

The segment between 1604 and Marshall Road could open in June 2011 and the rest by June 2012.

Drivers of cars and small trucks would pay 17 cents a mile in 2012, with fees rising gradually to an estimated 48 cents by 2048. The charge for vehicles with four axles or more would be almost three times higher.

Tolling Authority to charge nearly 10 times the cost of keeping 281 a freeway

DEADLINE TO SUBMIT PUBLIC CO0MENTS ON 281 TOLL CONTRACT JUNE 18 AT 5 PM!
Submit your comments by email to: 281toll@AlamoRMA.org or fax them to (210) 495-5403. Tell them we want the $100 million gas tax funded overpass plan not a $1.3 billion toll road on 281 NOW! Be sure to ask for confirmation that they received your comments!

PUBLIC HEARING ON 281 CONTRACT A FARCE!
Today, per state law, SB 792, the Alamo Regional Mobility Authority (ARMA) held a public hearing for the purpose of disclosing financial details about the toll contract, toll rates and escalation methodology, and how long the tolls will be collected on the highway. TURF and the San Antonio Toll Party were there, despite a public hearing being held in the middle of a workday. Here is our official statement that was limited to a paltry 3 minutes, though we represent thousands of citizens.

TURF Statement at RMA Public Hearing on 281 Toll Contract, June 11, 2008

First, this hardly satisfies the law’s requirement of a public hearing when it’s at 1 PM in the middle of a workday when the public you’re soliciting comments from is at work paying your salaries. The purpose of a public hearing is not like City Council business or other meetings, it’s to inform the public directly and seek their input, neither of which this hearing does.

Second, Mr. Thornton and others at the RMA have repeatedly misled the public saying this toll project accelerates the improvements to US 281 when in fact, the gas tax funded improvement plan promoted in hearings in 2001 which includes overpasses, added freeway lanes, and frontage roads (I have the plans right here to prove Mr. Irwin and Ms. Brechtel who directly lied in numerous public forums saying the original plan is insufficient because it lacked frontage lanes and access to businesses are wrong) has been funded and should have broken ground in 2003.

Third, the cost of this gas tax plan comes to $170 million adjusted for inflation in today’s dollars ($100 million in 2004 dollars). The amount of gas taxes ($100 million) and Texas Mobility Funds being used for this project (anywhere from $112 million to $325 million) would more than cover the cost of keeping 281 a FREEway as the overwhelming public comment at the legal National Environmental Policy Act (NEPA) hearings asked for.

This is a taxpayer rip-off of mammoth proportions considering you’re now taking a $170 million improvement plan and turning it into a $1.3 billion project (as revealed in ARMA Notice of Public Hearing for the 281 project, $475 million construction cost, $864 million in interest) when you factor in the interest on the bonds. Also, your disclosure of the contract details falls woefully short since I have the market value study for 281 that shows you plan to refinance this loan in 15 years, which can significantly affect if not increase toll rates and will extend the life of the bonds from 40 to 50 years. Your disclosure also fails to reveal the source of debt for the remaining $141 million needed, the amount of interest on that debt, whether the public will vote on issuing that debt, and any fees paid to the bond investors for both bonds.

Fourth, you told the Judge in our federal lawsuit to stop this toll road nightmare that you were planning to sell bonds in August, now you’re saying it will be this fall. Once again, which is the truth? The public can hardly make an intelligent assessment of this project and provide comment given the lack of transparency, the lack of truthfulness, and the stubborn refusal to cease the conversion of an existing freeway into a tollway without a public vote as the law requires.

Lastly, today TxDOT announced it will change the project route for TTC-69 in response to the overwhelming public comments opposing the new corridor route. Yet today, the RMA and TxDOT stubbornly refuse to respond to the massive public outcry and public comment against this freeway to tollway conversion by installing the gas tax plan and abandoning the toll plan. One can hardly articulate the level of hypocrisy we’re witnessing today. So I guess you’ve left us no choice. We’ll see you in court.

RMA wants to enrich 281 bidder at expense of 95,000 commuters

Watch the Alamo Regional Mobility Authority Chair gloat over enriching 400 families employed by the winning bidder for the 281 toll project at the expense of 95,000 daily commuters that depend on 281 to get to work who will have to pay a DOUBLE TAX TOLL to drive on it!

Read how the toll project is 3 times more expensive than the FREEway overpass plan for 281 here.

Watch the TURF press conference on lawsuit pending in federal court to stop the 281 toll project below:

Senate Transportation Committee debates road funding, questions market valuation

Overall, today’s Senate Transportation Committee hearing studying several interim charges on public-private partnerships (PPPs or CDAs in TX), market valuation, the Trans Texas Corridor and road financing, at least began a much needed evaluation of the many areas of concern to the taxpaying public. That said, there were also plenty of political bombs dropped and even ultimatums like “over my dead body” to keep the marathon hearing nerve rattling for what’s become one of the most politically radioactive issues in the State.

Of the nine committee members, 6 showed up: Kim Brimer, John Carona, Robert Nichols, Florence Shapiro, Kirk Watson, and Tommy Williams. Notably absent, as usual, was San Antonio & Hill County Senator Jeff Wentworth. Our favorite comments came from Senator Williams who told TxDOT that it’ll be “over my dead body” before TxDOT takes toll revenues from Houston to fund northern or southern segments of the Trans Texas Corridor. His message: keep your mitts off our region’s money.

This discussion occurred during the CDA panel where the Committee trotted out Jose Maria Lopez of Cintra, David Zachry of Zachry Construction (Cintra’s partner on many toll projects and the Trans Texas Corridor), the Associated General Contractors, and an attorney who represents the public sector on public-private deals who said the decision on the maximum toll rate and escalation formula cannot be left to the private sector. Amen!

Lopez and Zachry agreed that:

1) It’s difficult to determine a “market price” for a toll road without a previous sale price (like a home)

2) That the private sector can offer more up-front cash than the public sector despite its tax-free, low interest loans

3) That there is no single market value for any given toll project since competitors would use varying formulas and criteria and would naturally arrive at different numbers.

Senator Nichols, former Transportation Commissioner, had offered up a new way to do buyback provisions in CDAs that would give the State a guaranteed not to exceed buyout price in the contract so there’s no guesswork or court battle over the pricetag of a toll road should the State need to buy it back from a private entity.

MARKET VALUATION CHALLENGED

Then TxDOT hinted they could raid “excess toll revenues” (code for profit) to fund non-toll viable segments illiciting Williams’ ultimatum. “Once you redistribute money it’s no longer a user fee; it’s a tax,” Williams said. We’d argue that ANY money forcibly taken from taxpayers and given to the government is a TAX, not a fee to begin with, but his point is well taken.

In TURF’s testimony, we addressed that aspect of the new “market valuation” scheme, which the Governor injected into his counterfeit moratorium bill SB 792, calling a spade a spade. Market valuation is nothing more than a Robin Hood scheme to milk taxes from one set of motorists to pay for other projects elsewhere, which is horrific public policy and smacks of a slush fund for politicians to raid for any number of projects without accountability or a direct path to track the tax collected to the tax spent.

It was clear that “market valuation” and the words “financial terms” (to be agreed upon) had any number of definitions even among lawmakers who voted for the bill. Senator Nichols expressed concern that 3 bidders could give 3 totally different market values to the same toll road making TxDOT’s insistence on locking local toll authorities into a single market value pricetag for the life of a contract was as foolish as it was impractical. There was much debate over TxDOT’s interpretation of the market valuation language in SB 792 versus lawmakers’ and local entities’ definition.

In fact, the North Texas Tollway Authority (NTTA) revealed new details in the prolonged Hwy 161 market value fight with TxDOT showing TxDOT tried to force the NTTA to agree on no less than 200 different financial terms before agreement could be reached so the project could move forward. And the 200 items delved into insignificant minutiae like grass-cutting measures and requiring no more than 20 pieces of litter on the roadside.

WASTE AND ABUSE

This is what our hard-earned tax dollars have been wasted on…more than 60 meetings of taxpayer-paid bureaucrats fighting over the amount to gouge motorists to use a public highway. In the end, TxDOT believes they could have extracted an additional half BILLION out of our pockets in up-front cash on the project (that the taxpayers would then have to pay back with INTEREST if TxDOT had had its way).

Williams rightly agreed that pulling the “excess revenue” out of a toll project on the front end carries interest and debt (versus extracting excess revenue when and if the toll road produces the cash at a later date), not to mention higher toll rates (though TxDOT insisted it wouldn’t increase the toll rate…yeah right!). He repeatedly said they (the authors of the bill) didn’t want the market valuation language in the bill (inserted by Dictator Perry, but they certainly could have stood up to the Governor and told him NO), and that he’d be more than happy to see it go away next session. Here, here!

Senator Carona also dispelled the myth that private operators take the risk from the State on public-private toll projects therefore justifying the guaranteed profit in these contracts. He said: “Private investors don’t want the risk either, only the most profitable, low-risk projects like we do.”

TxDOT’s TWO-STEP

Senators Carona and Shapiro were flabbergasted that Houston’s Grand Parkway negotiations with TxDOT allowed a non-CDA approach when TxDOT FORCED the NTTA into an up front cash payment in competition with the private sector (Cintra) for Hwy 121. The Harris County Toll Authority attorney then explained their approach, “we weren’t trying to milk this project.” It’s clear TxDOT milked North Texas, though. TxDOT apparently backed-off in Houston, but stuck it to the taxpayers insisting on $3 billion in quick cash (in borrowed cash, no less, based upon future profits) from the Hwy 121 deal in North Texas.

TRANS TEXAS CORRIDOR

All of these revelations preceded the Trans Texas Corridor discussion where Senator Shapiro asked the burning question: why 1,200 feet wide and why not expand existing highways instead of building the Trans Texas Corridor? Of course TxDOT gave it’s usual convoluted ramblings trying to convince the senators they may not use that much right of way and “assured” them they’d expand existing right of way first wherever possible. Who are they kidding? Their environmental documents submitted to the feds will clearly authorize 1,200 feet of right of way regardless of what TxDOT tells the senators in some hearing. The same is true of utilizing existing right of way first. That alternative isn’t even on the table in the current draft environmental study for TTC-69. TxDOT can do a dance for the senators today and steal our land and livelihoods tomorrow.

A suggested solution: Make it law to limit the right of way to 400 feet (the standard for a fully built-out interstate highway) and make it law to force TxDOT to expand existing right of way before embarking on ANY new corridor ventures.

TxDOT also tried to assure Senator Nichols that it will listen to and heed the advice given to it by the TTC Advisory Committees and Working Groups, but then said that tomorrow the Transportation Commission would vote on policy changes to the Trans Texas Corridor regarding use of existing right of way, bisecting land, and converting non-tolled highways into tolled highways (ie – SH 59 and SH 77) among other things, WITHOUT hearing word-one from these Advisory Committees!

Also of note, the counties who had representatives before the Committee today singing the praises of the TTC and toll roads all have goodies being granted to them in tomorrow’s Transportation Commissioner Meeting. Quid Pro Quo? Sure looks like it.

That was the most appalling aspect to today’s meeting, overall. Listening to elected officials and bureaucrats alike promote the Trans Texas Corridor, knowing the destruction it’ll bring. Senator Williams said he supported the TTC-69 despite the farmers with pitchforks! The Lufkin Mayor Jack Gorden said the TTC-69 would increase the standard of living in East Texas. Oh really, Sir, how does increasing one’s taxes and stealing one’s land and livelihood increase someone’s standard of living? Then, Bowie County Judge James Carlow welcomed the TTC to his community saying: “we’re ready to give the land right now. Come build it.” It’s not YOUR land to give, Mr. Carlow. What a slap in the face to his constituents. This deplorable behavior is easy to explain however. These officials have been heavily lobbied USING OUR OWN TAXPAYER DOLLARS by registered LOBBYISTS and TxDOT, and no doubt promised the moon to get on board. Just look at the goodies the Commission is doling out at their meeting tomorrow.

Let the taxpayer revolt kick it up a notch. Let these elected officials hear from you with your thoughts on their “representation” of YOU before this committee.

Toll road agency vows to toll 281 FREEway despite lawsuit

Link to article here.

Toll road agency vows to keep on going despite lawsuit
03/12/2008
By Patrick Driscoll
Express-News

Local toll road officials didn’t close their eyes and wish good thoughts Wednesday, but they did say they’ll press on with a U.S. 281 tollway plan as if a lawsuit had never been filed.The lawsuit was filed two weeks ago in federal court by toll road critics and environmental activists to dispute the tollway’s environmental study, which says there would be no significant harm to people, wildlife or drinking water.

Officials with the Alamo Regional Mobility Authority at the time were quick to blast the lawsuit as baseless but have been tight-lipped over how it could change a finely tuned schedule to sell toll bonds and start road construction by summer.

On Wednesday, the authority board met for the first time since the lawsuit was filed. Board members immediately shuffled off to a closed room, came back in half an hour and instructed agency Director Terry Brechtel to read a short statement.

“The project is on schedule,” Brechtel said. “We don’t believe the lawsuit has merit. We will not be deterred from our mission of providing congestion relief. Our process will continue notwithstanding the lawsuit.”

Nobody else said a word.

Brechtel then outlined the latest timeline, which calls for teams of competing bidders to turn in proposals by March 20.

Nobody asked questions.

After the meeting, toll critic Terri Hall, founder of Texans Uniting for Reform and Freedom, had a few things to say.

“I’d like to know an investor that’ll invest in a project that’s in litigation,” she said. “The arrogance of the tolling authority to continue to promote this toll project and thwart the will of the people is precisely why they’re in this mess.”

Hall and other critics say there would be no legal trouble if the mobility authority scaled back the planned 10- to 20-lane expressway, which would stretch 71/2 miles north of Loop 1604, and used available public funds to instead build a freeway that’s about half as long.

Toll advocates argue that toll fees would stretch what scarce public dollars can do and that more is needed to keep up with explosive North Side growth.

As the two sides bicker, construction costs could rise and traffic could increase.

MPO BOUGHT & SOLD…SEE WHO VOTED TO RAISE YOUR TAXES!

NON-COMPETE WILL PROHIBIT EXPANSION OF SURROUNDING FREE ROUTES!
These sorry excuses for elected representatives voted to limit ANY new roads or expansion of existing roads surrounding the the 281 tollway which undoubtedly includes, Stone Oak Pkwy, Bulverde Rd., Red Land Rd., and Blanco Rd. (up to a 4 mile area around the tollway by law, yep that counterfeit moratorium Perry rammed through allows it)!

MPO BOUGHT AND PAID FOR

Who voted to increase your taxes
Sheila McNeil,
Councilwoman, Dist. 2, called northsiders “those people” who can afford the tolls while taking thousands in campaign contributions from pro-toll interests like Zachry and Red McCombs
Diane Cibrian,
Councilwoman, Dist. 8, campaigned on lowering taxes but just voted FOR the largest tax increase in TX history! Today is the first day we enlist Jacob Dell to take her seat! Better yet, a RECALL!
Jack Leonhardt,
Windcrest Mayor, said he received 5,000 emails FOR and only a few hundred against (we confirmed that over 1,200 emails AGAINST were sent using our email alias)…so he lied!
Chico Rodriguez,
Bexar County Commissioner who has an opponent in the primary in March
William Weeper,
Claimed he received more emails in favor of tolls and was compelled to “do what the people want” and vote FOR a TAX INCREASE!
Joe Aceves,
county employee who did what pro-toll Judge Wolff told him to do even though 2 of the 3 commissioners on the MPO voted AGAINST and the county has twice passed a resolution AGAINST tolling existing freeways (which are smoke & mirrors and worthless apparently)
Two TxDOT votes (David Casteel & Clay Smith, one of the TxDOT employees seen walking into the Oct. 19 Valero meeting where the highway lobby strategized on how to win approval of the toll roads at today’s mtg)
Two Via Votes (Ruby Perez, who’s also chummy with Sheila McNeil, and Hank Brummet, who previously voted WITH us when he was on the MPO years ago…guess that proposed Park & Ride at Marshall Rd. was enough to co-opt them into voting FOR more highways against their own stated mission of mass transit)
Two City employees (one, Mark Webb, is the boss of a Via Board member Ruby Perez, and Jelynne Burley is the other)

The few heroic GOOD GUYS
Commissioner Tommy Adkisson (wait till you see his impassioned speech when we get it on YouTube, a true advocate of mass transit and simple solutions like contraflow lanes, etc.)
Commissioner Lyle Larson (noted the Legislature is just as guilty for raiding gas taxes)
Rep. David Leibowitz (he’s a fabulous litigator and got the RMA to admit to a non-compete and to tolling existing roads)
Senator Carlos Uresti (poked holes in the RMA’s numbers, logic, determined their plan doesn’t achieve congestion relief AT ALL for those who cannot afford tolls)

THANK YOU FOR THE CALLS, EMAILS, AND COMING TO THE MEETING
YOUR SUPPORT STILL MOUNTED A HISTORIC, FORMIDABLE FIGHT

Many of your fellow citizens have spent countless hours handing out fliers, driving around mobile billboards, making phone calls, and helping turn out the show of force at today’s meeting. We all owe them a debt of gratitude! It did make a difference, the highway lobby had to work their fingers to the bone to get these toll rates passed. They’ve never had to mount such a defense before, we’re making progress and many of the pro-tollers, especially McNeil, took a MAJOR beating in today’s meeting.

In an astonishing marathon 5 hour meeting, more than 200 people filled the room IN THE MIDDLE OF THE WORKDAY! That’s BY FAR the most we’ve ever been able to muster during the workday! CONGRATULATIONS! The vast majority of those in attendance were against tolls. When the highway lobby was asked to stand in favor of tolls by the new SAMCO President Terrell McCombs, I didn’t even count 40 of them. Many of the seat warmers that always seem to gravitate to the right side of the room are TxDOT staffers and City and County employees (all sitting there on the public’s dime, of course). We had at least 150 people there, plus approximately 40 more outside who were initially turned away since the room hit capacity. There was standing room only in the back and around the edges of the room, but they eventually let our folks inside as people started to leave.

DOG & PONY SHOW
It was nearly 2 full ours before a single ordinary citizen was given the chance to speak. Of course, Chairwoman “Those People” McNeil, allowed the RMA to go up there and make some long-winded pointless “presentation” that was nothing more than tolling authority Chair and ex-Mayor Bill Thornton spinning all the reasons why a $475 million toll road is the best and ONLY option compared to the $170 million FREEway fix (when adjusted for inflation from 2004 dollars). They showed their fancy “simulation” of the proposed project which shows a completely inaccurate corridor with gobs of grassy, empty buffer between the toll lanes and the access roads. It also showed free flowing traffic on the frontage roads with no traffic stopped at the stop lights (it shows the sparse vehicles hitting all green lights).

Then TxDOT did it’s jig just to try and outlast the public at the meeting on their lunch hours. The highway lobby and their puppet politicians orchestrated quite a dog & pony show, including a scripted exchange between Councilwoman Diane Cibrian (who is officially a DOUBLE tax toller even though she ran on lowering your taxes, we need Jacob Dell to rescue Dist 8 from tax and spend Cibrian!), RMA Director Terry Brechtel and her sidekick Pat Irwin (the engineer who brought you the 28/410 debacle). Cibrian took offense to the SA Toll Party doing automated calls in her district to alert them to her campaign promise and today’s MPO vote to toll existing freeways. The call urged folks to call her to ask her vote NO on toll taxes. So rather than do what she told her district she would do, lower taxes, she equivocated and called tolls a “user fee” and tried to get Brechtel and Irwin to say they weren’t tolling existing right of way or roadway already paid for. They threw in a totally preposterous contention that a 20 lane toll road is better for the aquifer than the current 4-6 freeway (ever heard of impervious cover, Councilwoman?)!

A ZINGER!
That is until Rep. David Leibowitz, a litigator by profession, finally pinned down Terry Brechtel and got her to admit they’re tolling EXISTING right of way/roads ALREADY PAID FOR BY THE TAXPAYER!

CITIZEN CONCERNS:
STILL MORE SECRET THAN KNOWN

A bus load of folks came in from Sheila McNeil’s district to tell her they didn’t want toll roads for ANYONE, northside or not. A very articulate college student chided the MPO for voting on the completely wrong issue….the price of gas will have far more to do with shaping future transportation than ANY road. What they’re building will likely be obsolete by the time it’s finished, because the energy crisis will force a change in vehicular travel unless our failed leadership acts to reduce our dependence on foreign oil. The Federal Highway Administration stats show vehicle miles travel in Texas is slowing and remaining flat, not increasing as the MPO and TxDOT aggressive traffic demand models project.

So I essentially said this: if all of their financial “assumptions” are based on a constantly changing set of variables that is more akin to trying to shoot at a moving target than accurately assessing the amount of growth on the northside, and the price of gas could impact those assumptions/projections very quickly with a steady rise in the price of oil. We have yet to see ANY reports that show the impact of high gas prices on toll viability.

It’s absolutely UNBELIEVABLE that these officials carrying the water for the highway lobby voted for financial terms when they didn’t even know what they were!

Senator Carlos Uresti, Rep. David Leibowitz, and Commissioner Tommy Adkisson grilled the RMA (who wouldn’t answer a direct question for 6 of the 7 hour meeting) and Uresti poked so many holes in Terry Brechtel numbers you drive a truck through them! Those who witnessed the do-anything-but-answer-a-question-and-let-the-cat-out-of-the-bag dance by the RMA were incredulous at how corrupt and dishonest our government officials are from top to bottom. The highway lobby is in complete control of that MPO Board and our government. They’ve figured out how to exploit government power for their private interests. We live in a “corporatocracy.”

Rep Nathan Macias, on the House Transportation Committee, addressed the Board and expressed his frustration that the MPO decisions to toll Bexar County adversely affect EVERY county he represents yet Dist. 73 HAS NO REPRESENTATION ON THE MPO! He’s found 95% of the folks in Comal, Kendall, Gillespie, and Bandera counties OPPOSE TOLLS! Macias is a TRUE WARRIOR for our cause in the Texas Legislature. He mentioned his distaste for the propaganda TxDOT spews instead of having a meaningful dialogue and working toward genuine solutions.

NEVER, EVER GIVE UP! LET THE PEOPLE VOTE!

Hollywood Park & local cities have power to stop toll projects

Margaret Byfield of Stewards of the Range is an expert in using local government to fend off overreaching and overbearing state and federal government. Local government coordination is at the fingertips of ANY local unit of government willing to flex its muscles. For all the cries for local control, this one is a sure-fire way to make it happen….it’s the LAW!

Link to article here.

Could Hollywood Park stop the 281 North toll road project?
North Central News
November 19, 2007

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San Antonio Toll Party and Texans United for Reform and Freedom Founder and President Terri Hal addresses the Hollywood Park City Council. Photo by Eva Ruth Moravec

By Eva Ruth Moravec
Staff Writer
Some citizens following toll roads issue have recently claimed, and to some extent proven, that individual cities and groups of cities can stop toll road projects that affect them by demanding to be involved in the process.

The town of Hollywood Park could be the next to try.

“I thought it would be a good idea for her to come out,” said Hollywood Park Mayor Richard McIlveen at a recent city council meeting where he introduced SA Toll Party and Texans United for Reform and Freedom Founder and President Terri Hall. “We need to start thinking ahead.”

Hall attended the meeting at the urging of TURF’s Treasurer, Hollywood Park resident Sudie Sartor.

According to Hall’s presentation, a city—specifically, Hollywood Park—affected by the toll road—specifically, the U.S. Highway 281 North toll road project—could effectively tattle on the Texas Department of Transportation to the federal government and stop the toll process here dead in its tracks.

TxDOT should have included Hollywood Park in its long-completed environmental assessment, Hall said, since the city will likely experience more cut-through traffic, an increase in accidents and lower sales taxes and property taxes.

Moreover, the Texas Statutes Local Government Code, which all local governments follow, encourages coordination and thus provides local governments with armory to attack TxDOT, Hall said.

“If you demand coordination, that will require another study, and that will stop the toll project,” she said. “We have got to stop this now. It really just adds up to more economic damage.”

McIlveen said he isn’t sure what the city council will do with Hall’s information. She advised the body and citizens to write a letter to the U.S. Environmental Protection Agency, which approves environmental assessments on projects like the U.S. 281 toll project, and “include what you thought was inadequate,” said Hall.

“We need to get the city attorney’s interpretation,” McIlveen said. “Obviously, the residents can do whatever they want, but we have to run it through our legal department.”

TxDOT Spokeswoman Laura Lopez said since the project only required an environmental assessment, and not an environmental impact statement, then the coordination clause doesn’t hold true.

“This far in the process, it can’t be stopped that way,” she said.

Stewards of the Range, a group dedicated to legislation on private property rights in America, has determined that the “coordination clause” is valid no matter what the study’s name is.

“The law is really clear, it says that they have to coordinate with the local government,” said Margaret Byfield, Executive Director for Stewards of the Range. “The National Environmental Policy Act is what mandates how environmental assessments and impact statements are done, and that statute says they have to coordinate.”

Byfield’s group has been involved with the city of Bartlett and others’ efforts to stop the Trans-Texas Corridor. Bartlett and others have used the “coordination clause” to stop TxDOT there and demand to be a partner by forming a commission. However, Lopez said the TTC 1-35 project is undergoing an environmental impact statement process, not environmental assessment process.

Moreover, Lopez said Hollywood Park was invited to be involved in the process through quadrant meetings and stakeholder meetings, but added that the city won’t feel impacts from the toll road project that ends at the northern border of the city, Loop 1604.

“They [Hollywood Park] should not be affected by it at all. The purpose of adding capacity is to add more lanes for drivers not to have to go through any shortcuts,” she said, “so there should be no impact whatsoever.”

Hollywood Park already experiences cut-through traffic by drivers who want to avoid the U.S. 281/Loop 1604 interchange. After Hall spoke, council discussed ways to limit cut-through traffic in the city, as a separate agenda item. Further action will be taken in the future.

To solve the interchange issue, the toll road plan will include ramps that will directly connect the two roads, but the ramps won’t be built for years after the toll project begins, and will be tolled.

Byfield said that the skepticism about Hall’s plan is because “local governments haven’t really understood how involved they should be in the process, and TxDOT’s not real happy that some of the local governments are realizing this. They’re going to try to avoid it to the best of their ability.”

The Alamo Regional Mobility Authority is finalizing plans for the 281 North Toll Road project and will seek funding from the Metropolitan Planning Organization on Dec. 3. After that, three bidding teams will prepare entries for the project, and a winner will be selected next spring.

ARMA Spokesman Leroy Alloway said that his organization invited Hollywood Park council members to public meetings and that they were given the opportunity to be involved.

McIlveen said he wasn’t sure if an action item on the subject would be on the agenda for the next council meeting, scheduled for Dec. 18.

Despite law that forbids it, TxDOT still looking to give 1604 toll project to foreign companies

Link to article here. The article mentions SB 792, the private toll moratorium bill that KILLED the 281/1604 private toll deal. But true to form, TxDOT is breaking the law and pursuing foreign control of 1604 toll lanes anyway. The article also notes that up to nearly $200 million in GAS TAXES may subsidize the toll lanes, making the tolling of these existing corridors a TRIPLE TAX (we’ve paid a tax for what’s already built, our tax money will be used to build the improvements, and then a lifetime TOLL TAX on top of that)!

Three to bid on U.S. 281 toll road project
10/24/2007
By Patrick Driscoll
Express-News

Three private groups are now in the hunt to build U.S. 281 toll lanes, but two big foreign companies competing just a short while ago to build and lease a larger toll network here have dropped out.The Alamo Regional Mobility Authority board voted Wednesday to let all three teams submit plans to rebuild U.S. 281 north of Loop 1604 into a tollway with free access roads by 2012. It’s the fledging agency’s first project.

“Goodness knows we have been two and a half years getting here,” board member Bob Thompson said. “Maybe it’s even more important to see the confidence of these three large companies. It adds some credibility, it adds some stature to what we’re trying to do.”

The three teams include 29 construction, engineering and public affairs companies.

Fluor Enterprises Inc. of Irving and Balfour Beatty Infrastructure Inc. of Atlanta lead the Cibolo Creek Infrastructure team. Both joined to develop the Texas 130 toll road east of Austin.

Zachry Construction Corp. of San Antonio and Texas Sterling Construction Co. of Houston lead the other teams.

Zachry joined with Cintra of Spain to produce a plan for Trans-Texas Corridor toll lanes and rail lines that would parallel Interstate 35, and in 2005 offered to build and lease a 47-mile toll network on U.S. 281 and Loop 1604 in San Antonio.

But Cintra isn’t part of the group angling to add U.S. 281 toll lanes now.

A tolling bill from last spring’s legislative session busted plans for the San Antonio network by banning privatization of U.S. 281 toll lanes.

Now Texas Department of Transportation officials say they’re working with Cintra and Zachry, as well as the other international bidder, Macquarie of Australia, to see if privatizing Loop 1604 toll lanes would make financial sense without U.S. 281 in the package.

Mobility Authority officials, saying they want to keep toll rates “reasonable,” want to develop Loop 1604 toll lanes without leasing them and losing some of the profits.

On the U.S. 281 tollway, motorists would pay 17 cents a mile at the start, with fees rising 2.75 percent a year until 2017 and then 3 percent annually after that, under a plan the authority board approved Wednesday.

The toll lanes would go from Loop 1604 to Marshall Road or Comal County, depending on whether regional planners allocate $69 million or $112 million in state funds to subsidize the project. Another $80 million subsidy could be needed for five interchange connectors at Loop 1604.

“There isn’t surplus revenue in the case of 281,” authority Director Terry Brechtel said.

The latest estimates for the U.S. 281 tollway — in 2006 dollars — are $426 million for construction and $220 million for upkeep over 40 years.

On Monday, Texans Uniting for Reform and Freedom filed a lawsuit to challenge the makeup and procedures of the Metropolitan Planning Organization, which oversees federal transportation dollars and is set to approve U.S. 281 toll rates in December.

The lawsuit, which claims that discussion and debate are being shut down, seeks to remove nonelected officials from the planning board.

Toll road advocates call the lawsuit frivolous.