Thursday, February 21, 2008

Reuters Reports TxDOT Audit

The great audit of TxDOT's fluffed up numbers (to support the TxDOT craving to toll our freeways) made national news! My favorite snips from the Reuters article:


"The transportation agency projected a $3.6 billion shortfall by 2015. But Lt Gov. David Dewhurst and Speaker Tom Craddick said it failed to include a total of $8 billion of transportation bonds and faulted its forecasts for higher maintenance costs."

"Texas has the nation's biggest privatization program -- a $50 billion multiyear plan -- that Republican Gov. Rick Perry says is needed to keep traffic from stalling growth.


Read more

DFWRCC urges Denton County Voters to support Hugh Coleman

By Faith Chatham - DFWRCC - Thursday, Feb. 21, 2008

Hugh Coleman (R) who is challenging Cynthia White (R) for Denton County Commissioner Pct 1 in the Republican Primary. In the General Election either White or Coleman will face Democratic candidate Phyllis Wolper, who is unopposed in the Democratic Primary.

Cynthia White, with Wendy Davis, led the NCTCOG RTC in developing a 2030 plan for the region calling for 675 additional miles of tolled roads or additional tolled HOV lanes in the DFW region by the year 2030. At the RTC's vote for awarding the contract for SH121 to either Cintra or NTTA, Cynthia Whilte and Wendy Davis both gave very long, pleading speeches, with tears in their eyes almost to the point of sobbing, begging members to vote for Cintra "because if we do not accept the Cintra bid, no investors will ever come to the Dallas Fort Worth area ever again."

Ms. White is a member of the Board of Directors of NASCO CORRIDOR GROUP which lobbied to get legislation passed to enable construction of the Trans Texas Corridor.


I asked Hugh Coleman specifically about his position on toll roads. He said: "I absolutely opposes tolling existing roads -- like SH121. We, the taxpayers, have already paid for it and should not be taxed again."

"Toll roads should be only as a last resort." He favors the old model --- where roads were constructed as toll roads only when other resources were not available for construction cost -- similar to the I-30 (Dallas Fort Worth Turnpike). The old model is frequently described as 'building the best road you can for the least money, maintaining it as efficiently as you can, keeping the tolls as low as possible and retiring the debt as fast as you can. When enough users had paid tolls to retire the debt, the road becomes non-tolled public road.'

Hugh Coleman does not favor tolling a road to raise revenue to use on other projects. Ms. White, a member of NASCO CORRIDOR GROUP, and former President of the NCTCOG Regional Transportation Commission, favors tolling existing highways, utilizing private partners who profit from investing their capital in the public infrastructure projects, and utilizing revenue from one project to create a revenue stream to fund other transportation projects. Under Ms. White's leadership the RTC has approved a toll rate structure which charges users higher tolls than are necessary to maintain the roads and retire the debts.

In the Republican Primary, DFW Regional Concerned Citizens urges Denton County Republican Voters to support Hugh Coleman.

See Denton Record-Chronicle Article.

Tuesday, February 19, 2008

Resolutions for March 4th Precinct Conventions

By Faith Chatham - DFWRCC - Feb. 18, 2008

DFW Regional Concerned Citizens concurrs with TURF that these resolutions should be passed by precinct conventions across Texas on March 4th. Please print them out and take them to your Party's Precinct Caucus election day at 7:15 p.m. Present them at the Precinct Convention and urge passage of these resolutions.


By Terri Hall - TURF - Feb. 18, 2008

PLAN TO GO TO YOUR PRECINCT CONVENTION WHEN THE POLLS CLOSE

Resolutions to bring to precinct convention / caucuses that convene at your precinct immediately after the polls close on March 4:

- Eminent Domain -

RESOLUTION
Against the eminent domain abuse for toll roads


Whereas, private Texas land can be taken through eminent domain for roadways; and

Whereas, the Texas Transportation Commission, the Texas Department of Transportation, the Texas Turnpike Authority, and Regional Mobility Authorities in
the State of Texas have proposed and signed Comprehensive Development
Agreements (CDAs), also known as public-private partnerships, that would allow
land taken through eminent domain to be leased by private companies including
foreign consortiums/entities, for private and/or commercial gain; and

Whereas, the existing Texas eminent domain law has so many loopholes andexceptions that any new or existing public roadway and road right of way canbecome part of a public-private partnership (CDA) leased and operated by
private companies, including foreign consortiums/entities, for private and/or
commercial gain;

Now, therefore, be it:
Resolved, that we urge the Legislature to close any loopholes in our
eminent domain laws that allows ANY government agency to take our private land for toll roads to be operated, leased, or managed by private companies, including foreign companies, for profit; and further be it

Resolved, that the laws of the State of Texas should be amended to, without exception, prohibit the use of any portion of any new or existing, publicly-owned roadway facility or right of way to be operated, leased, or managed by private
companies, including foreign companies, for profit.

Adopted this ____day of _______, 20_ _ , at the Precinct Convention of Precinct

#_______,_ ____________ County of the__________________Party of Texas.

________________________________________
Name of Officer

________________________________________
Signature




- Tolling Existing Roads -


RESOLUTION
Against the Tolling of Existing Roadways in Texas


Whereas, we have already paid for our public roads and public road rights of way through the various local, State and federal taxes spent on road construction and maintenance; and

Whereas, the Texas Transportation Commission, the Texas Department of Transportation, the Texas Turnpike Authority, and Regional Mobility Authorities in
the State of Texas have proposed the conversion of portions of existing road
facilities and/or rights of way into tolled road facilities and rights-of-way; and
Whereas, existing Texas law has so many loopholes and exceptions that any existing public roadway and road right of way can be tolled without a vote of the citizens of the county in which the facility or right of way is located; and

Whereas, the conversion of any portion of an existing public road or road right of way into a tolled roadway constitutes the double taxation of the Citizens of the State of Texas;

Now, therefore, be it:
Resolved, that we oppose the tolling of any portion of any existing, publicly owned roadway facility or right of way; and further be it

Resolved, that the laws of the State of Texas should be amended to, without exception, prohibit the use of any portion of any existing, publicly-owned roadway facility or right of way as part of a tolled roadway facility and/or tolled right of way without the majority vote of the citizens in the county in which the existing public roadway facility or right of way is located; and further be it
Resolved, that this measure be applied immediately to ANY and ALL roadways not currently open to traffic as a toll road to prevent any proposed conversions from occurring without such a vote of the residents of the affected county.

Adopted this ____day of _______, 20_, at the Precinct Convention of Precinct

#_______,_____________County of the__________________Party of Texas.

________________________________________
Name of Officer

________________________________________
Signature

________________________________________________________________




- Market-based tolling - download resolution


RESOLUTION
Repeal Market-Based Tolling


Whereas, market-based tolls determine the highest possible toll “the market can bear;” and

Whereas, market-based tolls do not determine the toll rate based on the actual cost of construction, maintenance, and debt retirement but rather on how much profit the government can make off a given roadway; and

Whereas, this method of tolling allows the government to siphon money from motorists on one road segment to pay for other road segments;

Whereas, this method of tolling essentially applies the same problematic provisions as private equity toll roads (that are currently under a moratorium in Texas) to government toll roads by having private companies determine how much money the government can make off a roadway as if a private firm were
tolling the road;

Whereas, this method of tolling is to maximize revenue and gouge motorists with unnecessarily high toll taxation rather than about providing transportation;

Now, therefore, be it:
Resolved, that we oppose market-based tolling; and further be it
Resolved, that the laws of the State of Texas should be amended to, without exception, prohibit the use of “market valuation” and any form of market-based
tolls; and further be it

Resolved, that this measure be applied immediately to all roads where bonds have not already been sold.

Adopted this ____day of _______, 20_ _ , at the Precinct Convention of Precinct

_______,_ ____________ County of the__________________Party of Texas.

________________________________________


Name of Officer________________________________________
Signature




- Privately-controlled toll roads -


RESOLUTION
Against the Ownership, Leasing, Operation, and Management of
Public Facilities by Private Entities


Whereas, the public facilities owned by the agencies and units of government of the State of Texas are owned, in fact, by the citizens of Texas; and

Whereas, proposals have been made to turn over the ownership, leasing, operation and/or management of existing and future public facilities in Texas to agencies, companies and/or private consortiums which are lead and primarily owned by private entities; and

Whereas, we believe that the collective public and private resources exist within the United States of America to safely, securely and efficiently own, operate and manage the public facilities owned by the citizens of the State of Texas; and

Whereas, we see no need for private firms and governments to profit from the public facilities owned by the citizens of Texas; and

Whereas, turning over for lease or ownership, the operation or management of public facilities to privately-controlled organizations represents an unnecessary financial and security risk to the citizens of the State of Texas;

Now, therefore, be it:
Resolved, that we oppose any contract between any agency or unit of government of the State of Texas and any private company or government or any private consortium including foreign firms; and further be it Resolved, that the laws of the State of Texas should be amended to, without exception, to prohibit agencies and units of government of the State of Texas from entering into any contract with any private company or government or any private consortium including foreign firms for the purposes of transferring the ownership, leasing, operation and/or management of any Texas public facility;

and further be it
Resolved, that this measure be applied immediately to prevent any such contracts under consideration from being executed and to cancel any such existing contracts.

Adopted this ____day of _______, 20_ ____ , at the Precinct Convention of Precinct

#_______,_ ______________ County of

the__________________Party of Texas.

____________________
Name of Officer

________________________________________
Signature

Monday, February 18, 2008

Atmos spares few expenses, and ratepayers pick up the tab

By R.A. DYER - Fort Worth Star-Telegram Staff Writer - Mon, Feb. 18, 2008

AUSTIN -- Even as Atmos Energy was removing luxurious hotel stays and limousine rides from a natural gas rate case last year, its attorneys and consultants litigating the issue were running up more bills at fancy hotels and spending more than $100 for restaurant meals, according to documents obtained by the Star-Telegram.

North Texas customers of the gas utility will have to foot the bills -- plus about $1.7 million more in questionable expenditures -- because the three members of the Texas Railroad Commission gave them their approval last week.
Among the questionable charges are more than $16,400 in bills at expensive hotels, more than $3,000 for meals at pricey restaurants, and mileage reimbursements by at least one Atmos official that is almost double the federal standard.

"As it now stands ... the parties have not established the reasonableness of certain expenses included in the reimbursement requests," an agency hearings examiner says in a Feb. 5 report.


All the charges were accrued by attorneys and regulatory experts involved in a 2007 Atmos rate case. Most of the controversial costs were charged by the North Texas utility, although one of the cities opposing Atmos also failed to sufficiently document some expensive consultant charges, according to the report.

In the 2007 case, Atmos tried to charge its ratepayers for the cost of hotel stays of over $900 per night, expensive cases of wine, extravagant meals and limousine service. The utility removed those expenditures after they were reported by the Star-Telegram.

The cost of litigation

By state law, expenses associated with litigating rate cases -- whether those expenses are incurred by utility attorneys, or by attorneys representing ratepayer interests -- typically get passed onto customer bills. The controversial charges cited in the expert's report were included in a compromise settlement on legal costs from last year's case, and which was approved Tuesday by the three members of the Railroad Commission.

But commission Chairman Michael Williams stressed that the agency expert did not find that any of the legal bills were definitively out of bounds -- only that some could bear more scrutiny.
Williams also noted that the agency's expert recommended approval of the legal expenditures because further scrutiny would only drive up costs more.

"What the hearing examiner has to say is that, on first blush, these items could raise concern -- however, he's also recommending approval," Williams said. "This [settlement] is in the best interest of cities. There is an argument that we could have thrown it out, and forced them to [have a trial to prove their expenses] -- but that would not have served the ratepayers."

What are some of expenditures raising concern? According to the findings from the hearings examiner:

Atmos attorneys and consultants submitted $16,410.94 in hotel charges that could be considered excessive. Although the examiner's report did not break down the calculation, it said charges above $172.50 per night -- that is, $150 plus tax -- could be considered a luxury. "Other parties had no trouble staying at motels that were under $150 per night on most occasions," the examiner wrote, adding, "The State of Texas limits its motel travel expense to a maximum reimbursed rate of $85 per night, plus tax."

The Feb. 5 report identified $3,143.75 in questionable Atmos meal expenses. A "review of the invoices of Atmos Mid-Texas for meals from consultants' shows 88 occurrences of meals in excess of $100," the hearings examiner said.

The hearings examiner cited $3,888 in questionable mileage expenses by Atmos and noted that one of the utility's consultants billed for mileage reimbursement of 85 cents per mile. "There is nothing in the record to support the reasonableness of this amount," the examiner said, adding that the Internal Revenue Service considers 44.5 cents per mile a reasonable allowance for reimbursement.

More than $365,000 in charges associated with a technical billing issue raised may have been unwarranted because an expert witness for the utility was found to be unfamiliar with the company's billing practices.

Atmos attorneys have said the company can defend each expenditure. In a statement, the utility noted that all parties in the rate case agreed to the legal costs.

"This cooperative and collaborative approach to negotiation and compromise has allowed the parties in this proceeding to avoid a protracted legal battle that would have increased costs and expenses exponentially," the company said
.

The hearings examiner also identified $186,750 in consultant charges from Dallas that lacked sufficient backup documentation. Norman Gordon, an attorney representing Dallas in the rate case, said the municipality could have easily provided the documentation had it become necessary.

$9.7 million in legal bills


In total, attorneys for Atmos and various city groups and others opposing the company ran up about $9.7 million in legal bills in the rate case. Of those overall legal costs, Atmos attorneys and legal consultants will bill ratepayers for about $6.6 million, and various city groups and others opposing Atmos will bill for $3.1 million.

Atmos has sought to increase rates in that case by about $56.9 million annually. City attorneys had sought to lower rates by about $37 million. The Texas Railroad Commission ultimately awarded a $4.8 million increase and a one-time refund of $2.2 million to customers.
Read more in the Fort Worth Star-Telegram

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Content is being archived weekly. Many pertinent articles regarding Transportation in the DFW Region are in the archives.

A government big enough to give you everything you want, is strong enough to take everything you have. - Thomas Jefferson

The Opnions On this Site are Diverse

DFW Regional Concerned Citizens attempts to examine issues from all directions. When a story says "By Faith Chatham" it contains my viewpoint. When it is by others, but posted by Faith Chatham, it is from someone else's viewpoint. When I discover contents which is on topic for this site, I frequently link to other sites. Usually those sites contain content which differs from my viewpoint (and frequently that of other members of DFW-RCC).