Linda Koop named Chair of the NCTCOG RTC

Regional Transportation Council

The Regional Transportation Council is the independent transportation policy body of the Metropolitan Planning Organization. The RTC, which meets the second Thursday of each month, is comprised of 40 members: 33 local elected or appointed officials representing cities and counties, and seven transportation provider representatives. The RTC is responsible for overseeing the metropolitan transportation planning process. Primary activities include:

Providing guidance regarding the development of multimodal transportation plans and programs,
Programming federal and State funds for the implementation of transportation improvements,
Selecting specific federally funded projects and programs,
Assuring the coordination of services among transportation providers, and
Ensuring compliance with federal and State laws and regulations pertaining to metropolitan transportation and air quality planning.
SOURCE: NCTCOG WEBSITE

ByLaws and Procedures

RTC SUBCOMMITTEE INFORMATION
April 4, 2008

T. Oscar Trevino Jr., P.E., Chair
Mayor
City of North Richland Hills

Linda Koop, Vice Chair (named chair at June 10, 2008 RTC Meeting)
Councilmember
City of Dallas

B. Glen Whitley, Secretary
County Judge
Tarrant County

Ron Brown
Commissioner
Ellis County

Mike Cantrell
Commissioner
Dallas County

Sheri Capehart
Councilmember
City of Arlington

Maribel Chavez, P.E.
District Engineer
TxDOT, Fort Worth District

Maurine Dickey
Commissioner
Dallas County

Rudy Durham
Councilmember
City of Lewisville

Loretta Ellerbe
Councilmember
City of Plano

Charles Emery
Board Chair
Denton County Transportation Authority

Mark Enoch
Board Member
Dallas Area Rapid Transit

Sal Espino
Councilmember
City of Fort Worth

Robert Franke, P.E.
Mayor
City of Cedar Hill

Bill Hale, P.E.
District Engineer
TxDOT, Dallas District

Roger Harmon
County Judge
Johnson County

John Heiman, Jr.
Mayor Pro Tem
City of Mesquite

Kathleen Hicks
Mayor Pro Tem
City of Fort Worth

Vonciel Jones Hill
Councilmember
City of Dallas

Joe Jaynes
Commissioner
Collin County

Ron Jensen
Councilmember
City of Grand Prairie

Ron Jones
Mayor
City of Garland

Jungus Jordan
Councilmember
City of Fort Worth

Pete Kamp
Mayor Pro Tem
City of Denton

Mike Leyman
Councilmember
City of Mansfield

John Loza
Board Member
Dallas/Fort Worth International Airport

Bill McLendon
Councilmember
City of Hurst

Pauline Medrano
Councilmember
City of Dallas

Becky Miller
Mayor
City of Carrollton

Rich Morgan
Citizen Representative
City of Dallas

John Murphy
Councilmember
City of Richardson

Ron Natinsky
Councilmember
City of Dallas

Robert Parmelee
Chair
Fort Worth Transportation Authority

Rick Stopfer
Councilmember
City of Irving

John Tatum
Citizen Representative
City of Dallas

Marti VanRavenswaay
Commissioner
Tarrant County

Paul Wageman
Chair
North Texas Tollway Authority

Cynthia White
Commissioner
Denton County

Bill Whitfield
Mayor
City of McKinney

Kathryn Wilemon
Councilmember

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.

Highway 121 project receives federal environmental clearance

By MICHAEL A. LINDENBERGER - The Dallas Morning News - Thursday, October 18, 2007
The federal government issued an environmental clearance Wednesday for the controversial -- and much delayed -- State Highway 121 toll road project. That clearance was required before the Texas Department of Transportation could sign the project agreement already negotiated and agreed to by the North Texas Tollway Authority.

Mark Ball, a spokesman for TxDOT's Dallas district, said it was not immediately clear how soon the department's executive director would sign the project agreement.

NTTA, which has promised to pay $3.3 billion for the road contract, has already signed the agreement and has been waiting for weeks for TxDOT's signature. The latter was delayed, however, until final federal environmental clearance was achieved.

Faced with the delay by the Federal Highway Administration, the Texas Transportation Commission voted Aug. 23 to cancel a deadline that had initially stipulated that if NTTA could not sign an agreement by Aug. 29, the deal would revert to Spanish builder Cintra.

Now that the federal clearance has been issued, TxDOT is expected to sign the agreement. Once it does, NTTA will have 45 days to close its financing and make the upfront payments. The payments are in return for the right to build the 26-mile toll road in Collin and Denton counties and collect tolls for the next 50 years.

Already, local governments in North Texas have proposed hundreds of transportation projects that would be paid for by the money NTTA has promised to pay.

The initial $3.3 billion figure may be adjusted somewhat, thanks to the variations in the bond market that have taken place because of the mortgage market crisis, regional transportation and NTTA officials have said.

Read more in the Dallas Morning News

Highway 121 money split - Denton, Collin get most of $3 billion; some in Collin upset

By THEODORE KIM - The Dallas Morning News - Friday, October 12, 2007

ARLINGTON – After years of arm-twisting over the sale of the State Highway 121 toll road, the payoff is finally here.

And while nobody got exactly what they wanted, forgive Denton County for smiling a little more than its neighbor to the east.

On Thursday, the Regional Transportation Council approved the division of the roughly $3 billion payout from the sale of the toll road to surrounding counties.

The decision came despite the grumbling of leaders in Collin County, who said the divisions will shortchange their county out of millions.

At stake is billions of dollars that will be generated almost immediately under the state's deal to sell tolling rights on Highway 121.

Earlier this year, the North Texas Tollway Authority agreed to pay the state $2.5 billion up front and $833 million in additional revenue for the right to collect tolls on the road for the next 50 years.

The council, a 40-member panel of local officials that sets transportation policy, was tasked with dividing that payout among area counties.

Under the plan, the majority of the money was set aside for Denton County, which will receive $1.56 billion, and Collin County, which will get $1.18 billion. The proposal was based in large part on estimates of how many vehicles will use the highway in each county in the future.

Those amounts fall far short of the roughly $9 billion in total requests the counties had initially made to the council for road projects.

Moreover, the counties will actually receive somewhat less because, in part, the earmarks include the cost of finishing Highway 121, slated for completion by decade's end.

Because of that, some officials said they felt the agreement unfairly penalizes Collin County. Denton's segment of the road, funded largely by gasoline-tax revenue, is mostly complete. Collin's half is being built now and will be funded by its portion of the toll-road deal.

Of Collin's payout, about half – $600 million – will help the NTTA finish the project. By comparison, Denton will contribute about $41 million to the project from its payout.

"Why are the construction costs of [Highway] 121 being added to the county's share?" asked Plano City Council member Loretta Ellerbe, the only transportation council member who voted against the plan. "It makes no sense."Thursday's action is the latest development in the closely watched sale of Highway 121, which runs about 30 miles between Dallas/Fort Worth International Airport and U.S. Highway 75 near McKinney.

The project has come to symbolize the new and controversial way that communities nationwide are paying for roads and highways.

With gasoline-tax revenue unable to cover growing transportation needs, political leaders here and elsewhere have pioneered the practice of selling long-term tolling rights on roads in exchange for large upfront cash payments.

While others echoed Ms. Ellerbe's dissent, the transportation council said they generally supported the plan.

Member Cynthia White, a Denton County commissioner, encouraged her colleagues to set aside regional biases in favor of curtailing growing traffic across the area.

"All these [road] projects are interdependent," she said.

Another member, Collin County Commissioner Joe Jaynes, said he voted for the plan because in the end it will mean hundreds of millions for new roads.

"Nobody was completely satisfied," Mr. Jaynes said. "I think that's a sign of a good compromise."
Read more in the Dallas Morning News

Denton commissioner Cynthia White fined for late financial filings

County official missed 3 deadlines but neither raised nor spent funds

By MONTY MILLER JR. - Denton Record-Chronicle - Wed., August 1, 2007

DENTON – County Commissioner Cynthia White was fined $600 for missing three deadlines to file required campaign finance documents, after a Denton County resident filed a complaint against her last month.

The Texas Ethics Commission assessed the fine last week.

"I have been very busy the last year and a half," Ms. White said. "I'll try not to let it happen again."

Dianne Edmondson, Denton County Republican Party chairwoman, said elected officials make mistakes like everyone else, but Ms. White should be more careful in the future.

"I think it must happen fairly often, although it shouldn't happen," she said.

Oak Point resident John Rademacher filed a complaint against Ms. White in late May.

Mr. Rademacher could not be reached for comment Tuesday.

Ms. White, a Republican who is up for re-election next year, filed the missing documents with the Denton County Elections Administration in late May. The documents covered the period between Jan. 15, 2006, and Jan. 15, 2007, and showed that Ms. White had not accepted any contributions or spent any campaign money during that time.

"I didn't have any activity during that period, but I understand that I should have filed them," she said.

Texas law states that elected officials must file campaign finance reports twice a year, whether they raise money or not.

Ms. White said she paid the fine last week.

Tim Sorrels of the Texas Ethics Commission said he could not comment on the case.

Ms. White, of Aubrey, was first elected to the Commissioners Court in 2000.

She said she is running for re-election in 2008 and is raising funds for the campaign.
Read more in the Dallas Morning News

Meetings to Monitor

This is a partial list of meetings. Only Denton, Dallas, Tarrant and Collin County Commissioners meetings are listed here. Please check County website for other counties. Please check city websites for City Council Meetings.

Collin County Commissioner's Court
Monday, July 23, 9 am
210 S. McDonald St., 6th Floor of Collin County Courthouse, McKinney
Agenda
(Consideration, discussion and any action regarding the Proposed Comprehensive Development Agreement (CDA) projects for submittal to the Regional Transportation Council (RTC) and the North Texas Council of Governments (NCTCOG), Engineering and consideration, discussion and any action regarding 2007 RTC Comprehensive Development Funding Initiatives, Commissioners Court.)
Denton County Commissioners Court meetings are now televised weekly on five cable stations in Denton County. Cable TV Broadcast Schedule

NCTCOG - Managed HOV Lane Pricing
Tue, July 24, 10 am - 12 pm
Where: NCTCOG offices, 616 Six Flags Dr., Arlington TX Executive Director's Conference Room

Tarrant County Commissioner's Court
Tue, July 24, 10 - 11 am
Agenda

Dallas County Commissioner’s Court
Tues., July 24, 9 am
Agenda

Denton County Commissioners Court
Tues., July 24, 9 am
Agenda
(Declare Lakeview Boulevard project as not viable and approve the transfer of funds from Lakeview Blvd. to Lake Lewisville Toll Bridge/FM 720 project for the purpose of acquiring right of way and authorize the Auditor to make payments to TxDOT for the Right of Way agreements, Precinct #1, and any appropriate action. Commissioner Precinct #1)
(Approval of the creation and establishment of a fresh water supply district to be known as “Belmont Fresh Water Supply District No. 1 of Denton County” located in Denton County Commissioner Precinct 4, and appointment of temporary supervisors to serve on the board of the District until permanent supervisors are elected, and any appropriate action.)
Watch live online

NTTA Board Meeting
Wednesday, July 25, 2007 - 8 a.m.
Board Room of the NTTA Administrative Offices
5900 W. Plano Parkway, Suite 200, Plano, TX
See notice

NCTCOG Executive Board Meeting
Thu, July 26, 7:00am - 4:30pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington TX Wm J. Pitslick Executive Board Room

NCTCOG - Information and Referral Bidders Conference
Thu, July 26, 3:30 - 5:00pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington Tx Tejas Conference Room (map)


NCTCOG - Surface Transportation Technical Meeting (STTM)
Fri, July 27, 1:30 - 4:00 pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington, TX Transportation Council Room (map)

NCTCOG - RTC Public Meeting
Mon, July 30, 6:30 - 8:00 pm
Where: Carrollton Public Library at Josey Ranch Lake, 1700 Keller Springs Road, Carrollton, TX 75006

Tarrant County Commissioner's Court
Tue, July 31, 10 - 11 am
Agenda

Dallas County Commissioner’s Court
Tue, July 31, 9 am
Agenda

NCTCOG - RTC Public Meeting
Tue, July 31, 12:00 - 1:30 pm
Where: Fort Worth Intermodal Transportation Center, 1000 Jones Street, Fort Worth, TX 76102

NCTCOG RTC Public Meeting
Tue, July 31, 6:30 - 8:00 pm
Where: Irving Central Library, 801 W. Irving Blvd., Irving, TX 75060

Collin County Commissioners Court Workshop
Mon., Aug. 6, 1 p.m.
210 S. McDonald St., 6th Floor of Collin County Courthouse, McKinney
More information

Senate Committee on Transportation and Homeland Security Hearing in Irving, TX
Tuesday, Aug. 7, 2007, 8:00 a.m.
Irving Lecture Hall, Westin DFW Airport, 4545 W. John Carpenter Freeway, Irving, Texas.
The Committee will begin at 8:00 a.m. and hear invited and public testimony on the implementation of legislation and related issues. See notice and agenda.


Tarrant County Commissioner's Court
Tue, August 7, 10 - 11 am
Agenda

Dallas County Commissioner’s Court
Tue, August 7, 9 am
Agenda

NCTCOG - RTC - Regional Transportation Council
Thu, August 9, 1:30 - 4:00 pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington, TX Transportation Council Room

NCTCOG -Regional Energy Efficiency & Emissions Reductions Initiatives Roundtable
Fri, August 10, 1:30 - 3:30 pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington, TX Transportation Council Room

NCTCOG - Amtrak Relocation/Tower 55
Mon, August 13, 3:30 - 5:00 pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington, TX Pecan Conference Room

Tarrant County Commissioner's Court
Tue, August 14, 10 - 11 am
Agenda

Dallas County Commissioner’s Court
Tue, August 14, 9 am
Agenda

NCTCOG - DFW Clean Cities Advancing the Choice
Wed, August 15, 9:30 - 10:30 am
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington, TX

Tarrant County Commissioner's Court
Tue, August 21, 10 - 11 am
Agenda

Dallas County Commissioner’s Court
Tue, August 21, 9 am
Agenda

NCTCOG - Executive Board Meeting
Thu, August 23, 6:00am - 4:30 pm
Where: NCTCOG OFFICES,616 Six Flags Dr., Arlington, TX William J. Pitstick Executive Board Room

NCTCOG - North Texas Anti (Human) Trafficking Task Force
Thu, August 23, 9am - 12 pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington TX Metroplex Conference Room

NCTCOG - Surface Transportation Technical Committee - STTC Meeting
Fri, August 24, 1:30 - 4:00 pm
Where: NCTCOG Offices, 616 Six Flags Dr., Arlington TX Transportation Council Room

Tarrant County Commissioner's Court
Tue, August 28, 10 - 11 am
Agenda

Dallas County Commissioner’s Court
Tue, August 28, 9 am
Agenda

NCTCOG - DFW Clean Cities Coalition
Thu, August 30, 1:30 - 3:00 pm
Where: NCTCOG OFFICES, 616 Six Flags Dr., Arlington, TX Six Flags Conference Room

NTTA Board to consider toll projects and subcontractors at July 25th meeting

By Faith Chatham - July 23, 2007http://dfwregionalconcernedcitizens.blogspot.com/
The North Texas Tollway Authority Board of Directors will hold their regularly scheduled meeting on Wednesday, July 25 at 8:00 a.m. in the Board Room of the NTTA Administrative Offices located at 5900 W. Plano Parkway, Suite 200 in Plano.

The Meeting Agenda includes items which impact transportation in the Dallas TxDOT region and the Ft. Worth TxDOT region and the public can comments on items not listed on the agenda: (TxDOT; RTC/NCTCOG; or other items)

The Consent agenda includes consideration of award of contract to Rebcon, Inc. in the amount of $617,252.00 for construction of a sand stockpile for Dallas North Tollway Phase 3 and of a contract to Rebcon, Inc. in the amount of $737,195.10 for construction of a sand stockpile under the PGBT at Alma Road . The board will also consider approval of work authorization 02283-DNT-00-PS-PD with HNTB Corporation to provide corridor-management services for Dallas North Tollway Extension, Phase 4 and Phase 5.

The board will consider approval of a Project Agreement or Term Sheet setting forth the basic elements of the Project Agreement between TxDOT and the NTTA for the NTTA’s delivery and operation of SH 121 and authorizing the negotiation and execution of work authorization MA-WA12 with HNTB Corporation in the amount of $1,300,000 for landscape architectural design services for SH 121 in Collin, Dallas and Denton counties.

Other business includes consideration of an interlocal agreement among the NTTA, TxDOT (Texas Turnpike Authority Division), Harris County (Harris County Toll Road Authority), and the Central Texas Regional Mobility Authority regarding statewide interoperability for transponder-based electronic tolling on the parties’ respective toll facilities and for a consulting services agreement with Tamer Partners, Inc., for the development, implementation, and management of NTTA customer-relations services and customer-experience initiatives.

Updates will include briefing on migration plan for conversion to all-electronic toll collection (“ETC”) on NTTA facilities and Planning Updates on SH 170, SH 360 and Trinity Parkway and Project updates/discussion on the Dallas North Tollway projects, PGBT (President George Bush Turnpike) projects, Mountain Creek Lake Bridge, Addison Airport Toll Tunnel, Lewisville Lake Toll Bridge, Southwest Parkway – northern section
The Committee will report on the Regional Transportation Council and the Executive Director will update the board on program management and his participation with the City of Carrollton on market-valuation study for Thirty five Riverside property and TxDOT’s request regarding IH 635 project.

Mr. Wageman will brief on the market-valuation process for SH 161.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Robert Andrews at (214) 461-2000 two (2) work days prior to the meeting so that appropriate arrangements can be made.

For more information contact Sam Lopez, North Texas Tollway Authority Public Information Officer - (214) 461-2065.

Regional Transportation Council's chairman slowing down to speed things up

By O.K. CARTER - Star-Telegram Staff Writer - Thu, Jul. 05, 2007
North Richland Hills Mayor Oscar Trevino is only 30 days into his role as chairman of the Regional Transportation Council, but he's already discovered that leading the council resembles herding whales: It takes a while, and some whales always wander off in new directions.

Last month's vote to recommend a builder and operator of a future Texas 121 toll road, for example, was 27-10 in favor of the North Texas Tollway Authority, with some of the 10 voicing adamant opposition. Regional transportation issues rarely achieve consensus because interests and needs are so varied.

The council, part of the North Central Texas Council of Governments, is the chief planning agent for future regional transportation needs: highway improvements, toll roads, regional passenger rail and the like. The regional council's 40 members include elected or appointed officials from 16 Metroplex counties, as well as representatives from transportation planners like The T or Dallas Area Rapid Transit. Nothing big in regional transit happens without the regional council's endorsement.

"The process of getting things done in regional transportation is miserably slow, like watching grass grow," the thrice-elected North Richland Hills mayor jokes. It helps that he's also a civil engineer and highway construction expert.

It's already obvious that Trevino's style is to speed up by slowing down, giving council members plenty of time to get their say. His first meeting ran almost four hours. It's a hypothesis that long meetings equal faster projects.

"Letting members have their say and having open civil discussions may result in meetings going a little long," Trevino concedes. "But when everybody can present positions and have them openly debated, even members that don't get things 100 percent their way will know that we hashed it out and gave them a fair shake."Trevino knows that at the same time, the clock is ticking on transportation issues and speeding up projects is crucial.

A recent census study revealed that the percentage of people commuting to work in a vehicle by themselves actually increased by 2 percent over the past five years. The population of the Metroplex is projected to increase 3.5 million over the next three decades.

"More cars and people add to pollution and congestion problems," he said.

Trevino's watch as council chairman did not begin on a cheerful note. A pitch to the Legislature to allow Metroplex residents to vote on a half-cent sales tax to fund regional passenger rail was essentially ignored.

"If transportation planning moves slow, the Legislature moves even slower," Trevino said. "If you want something done in one session, you have to introduce it an earlier session. Basically, all we're asking is that the Legislature allow voters here to make that call."

Without the tax, Trevino sees no way to fund regional rail, which is why one of the top two priorities of his council term will be to organize a more focused and determined legislative lobbying effort two years from now to get lawmakers to allow a vote on a tax.

The other priority? When he hands over his gavel to a new chairman in 11 months, Trevino would love it if the tollway authority had resolved not only the 121 issue, but had also established firm timetables for toll road projects, including a widening of Texas 360 in southeast Tarrant (Arlington/Mansfield), Texas 171 in north Fort Worth and north Tarrant County, and the Southwest Parkway. He'd also like the tollway authority to pick up the pace on a George Bush Freeway extension and the Dallas Trinity Parkway project.

"It's also obvious that [the Texas Department of Transportation] is going to have to recognize that it's going to have to take care of some mobility issues without assistance from tolls, including problems on I-35, Loop 820, S.H.183 and the downtown funnel," Trevino said, though with a proviso: He favors construction of toll-funded express lanes on 820.

That's much to do with less than a year to do it.

O.K. Carter's column appears Tuesdays and Thursdays.
Read more

Fort Worth Star-Telegram coverage of Texas Transportation Commission SH 121 decision

Public agency gets toll road
By GORDON DICKSON - Fort Worth Star-Telegram - Thu, Jun. 28, 2007
The Texas Transportation Commission has agreed to let the North Texas Tollway Authority build the Texas 121 toll road in Denton and Collin counties, rejecting a bid from the private Spanish firm Cintra.

The Plano-based tollway authority has committed to pay the North Texas region $3.3 billion for use on other transportation projects.

Now that the state commission has decided the tollway authority's plan is the best value, the next step is for the tollway authority to negotiate a project contract with the Metroplex's Regional Transportation Council, a process expected to take a month or two. The authority would have another 45 days to close its financial arrangements.

The commission voted 4-1 Thursday afternoon to approve the plan during a meeting in Austin. The dissenter was Ted Houghton of El Paso, who wanted the negotiations to include a member of the Texas Department of Transportation. "I'm against us being on the sidelines," he said.

But commission chairman Ric Williamson of Weatherford preferred that TxDot employees take a step back and let North Texans work out the deal themselves. "Right now, RTC and NTTA are all getting along and they've all agreed as to how they want to do this." Williamson is a longtime champion of decentralizing TxDot's powers so that metro areas may decide road-building priorities on their own.

Williamson also said he would prefer that his agency's employees stand at arm's length from the process, to avoid being unfairly criticized for trying to manipulate the results. In recent months, TxDot officials have been accused of forcing the tollway authority out of the Texas 121 bidding so that private companies such as Cintra could have the project.

"I've had it with toll operators, and House and Senate members, and former commissioners accusing good state employees," he said.

In addition to paying $3.3 billion to the region, most of it up front, the tollway authority has agreed to add five new toll road projects to its existing Dallas-area toll road system within five years. Three of those five projects are in the western Metroplex: The Texas 121T (aka Southwest Parkway) extension to Cleburne, Texas 360 in Mansfield and Texas 170 in the Alliance area. Texas 161 in Grand Prairie, a reliever route for overused Texas 360 in Arlington, is also under consideration.

But still unknown is whether the commission's decision may expose the state to lawsuits from either Cintra or two other companies that originally competed for the project. Cintra originally won the bid, with a promise to pay $2.9 billion, but lawmakers intervened and demanded that the tollway authority get another chance.

The Federal Highway Administration later determined that intervention violated federal procurement rules, making Texas 121 toll road ineligible for future federal funds. The tollway authority doesn't intend to use federal funds going forward, but $236 million in federal funds has already been spent on the road and it's unclear if Texas will be asked to refund part or all of that amount.

If such a refund were necessary, it would reduce the overall amount of highway funding available for the Metroplex.

Check out the Honkin' Mad traffic blog for more details about the decision.

UPDATE 3-Texas agency again tops Cintra for road project

By Joan Gralla - Reuters - Thursday, June 28, 2007
NEW YORK, June 28 (Reuters) - Texas on Thursday conditionally approved a public agency to overhaul a busy Dallas-Fort Worth highway instead of Spanish toll-road firm Cintra (CCIT.MC: Quote, Profile, Research), a decision that analysts said could stall road privatization plans in other states.

The North Texas Tollway Authority outbid Cintra by $500 million, offering a $2.5 billion upfront payment and $833 million in annual lease payments.

Thursday's decision was made by the state transportation commission, which selected the North Texas Tollway Authority by a vote of four to one, said spokesman Mark Cross.

Cintra in February won the deal to overhaul State Highway 121, but critics said the terms overly favored the developer by including a non-compete clause and a 50-year lease.

Texas lawmakers responded by asking the local highway authority to submit a competing bid.

The legislature also enacted new curbs on such privatizations, which allow developers to lease state highways for long periods in return for the toll revenue.

New Jersey and other states weighing road privatizations have said they are closely following the twists and turns of Texas' saga because they want to avoid a similar backlash.

Cintra and the JPMorgan Fund, its partner, said in a statement on Thursday their bid was better because "contracts are in place, toll rates are capped, lending commitments are made, design work is complete and we are ready to roll up our sleeves and get to work."

The companies added their deal would invest $7.3 billion in the Dallas-Fort Worth area over the next 50 years.

Texas' Regional Transportation Council on June 19 picked the public authority instead of Cintra and state Commission Chair Ric Williamson has set a policy of deferring to local policy-makers, said his spokesman, Randall Dillard.

The regional council and the North Texas Tollway Authority now have about 60 days to draft more detailed plans, including the timing, annual payments, enforcement clauses, toll policy and the length of the pact, Dillard said.

The authority will then have about 45 days to secure the financing and sign a contract with the state commission.

"We've already authorized our staff to sign the Cintra proposal," the Commission chair noted during the meeting, broadcast on its Web site (http://www.txdot.gov).

"If they (the authority) can't get there, we'll sign the project with Cintra," he added.

Commissioner Ted Houghton dissented, stressing how inflamed the battle has been. "It's unfortunate that they (Cintra) have been vilified as foreigners," he said.

Cintra is one of the huge European companies that develops toll roads around the world. This approach is much more common in Europe, Asia and Latin American than in the United States.

The commissioners praised the private road developers for sparking the competition that produced Thursday's award.

Dillard said the State Highway 121 overhaul "was really just a long-range dream" until the private companies competed for the work. Asked if the commission would now return to using public agencies instead of developers, he replied that this project was "a good example of empowering local officials."

State Highway 121 is prized by developers because Dallas and Fort Worth are some of the fastest growing U.S. suburbs. For example, Collin County, which lies just north of Dallas, is expected to draw 514,000 new residents from 2005 to 2030.

Chicago sparked U.S. interest in this way of funding new highways without hiking taxes two years ago when it got $1.83 billion for leasing its main commuter link to Indiana, the Skyway toll bridge, to Cintra, part of Ferrovial (FER.MC: Quote, Profile, Research), and MIG, run by Australian bank Macquarie Bank Ltd. (MBL.AX: Quote, Profile, Research)

Fiscal monitors, however, have bashed Chicago's strategy, saying its 99-year pact is much too long and fails to give taxpayers the extra toll revenue the companies can get.

The North Texas Tollway Authority has said private firms may be better suited to developing roads in undeveloped areas because the bigger risk may justify their bigger profits.
Report in Reuters

Texas Department of Transportation: State approves local recommendation on SH 121

Texas Department of Transportation - June 28, 2007
AUSTIN — The Texas Transportation Commission today approved a recommendation from
North Texas leaders to accelerate improvements to SH 121 and 30 other congestion-relieving
projects throughout North Texas by pursuing a proposal from the North Texas Tollway Authority
(NTTA).
The Transportation Commission authorized the Texas Department of Transportation staff to
enter into a project agreement with NTTA once:
• the Regional Transportation Council (RTC) negotiates with the NTTA on major terms of
the project agreement and submits those terms to TxDOT,
• quantification of public benefits anticipated to be derived from the NTTA’s proposal is
agreed to by the RTC; and
• NTTA is able to close on all financial transactions necessary to meet its obligations
concurrently with or no later than 45 days after the execution and delivery of the project
agreement.
Major terms remaining to be negotiated between the RTC and NTTA include:
• the timing and amount of the annual payments;
• enforcement provisions regarding compliance with the toll rate policy, project schedule,
payment obligations and other commitments; and
• the length of the agreement.
Prior to approving the RTC recommendation, the commission concluded it helps the state
meet its transportation goals to reduce congestion, enhance safety, expand economic
opportunity, improve air quality and increase the value of transportation assets.
The action also supports commission strategies to empower local leaders to solve local
transportation problems and increase competition to drive down costs.

OTHER STATEMENTS:

Sen. Robert Nichols concerning TxDOT's decision to give NTTA 60 days to finalize a contract for the State Highway 121 project:

"The commissioners did the right thing by honoring their commitment to local control. By giving the local tolling authority a fair chance to pursue this project, the transportation commission secured the best deal for Texas drivers."

Sen. Robert Nichols (R-Jacksonville) is a former commissioner for the Texas Department of Transportation and sits on the Senate Committee on Transportation & Homeland Security.

Senator John Carona, Chair of the Senate Committee on Transportation and Homeland Security:

The Texas Transportation Commission today authorized the North Texas Tollway Authority to enter into an agreement to construct and operate State Highway 121.
Senator John Carona (R-Dallas), Chairman of the Texas Senate Committee on Transportation and Homeland Security, expressed his support for the decision.

"Local leaders spoke decisively in recommending NTTA's proposal, and the Commission's acceptance is a great step forward for mobility in North Texas. It bodes well for participation by local entities in future projects around the state and for the
Commission's ability to implement newly passed legislation. I am confident that NTTA and RTC can work out a project agreement in a timely fashion and we can get this much- needed project under way."
The Commission also announced that funding shortages require transferring certain funds from construction to maintenance and targeting those funds to the roads in the worst condition. "This is good news/bad news for North Texas," said Carona. "We will be seeing more funding because of the bad condition of our roads as compared to the rest of the state. It is another reminder of the poor state of transportation finance in Texas and the need to have revenue alternatives."
Finally, Senator Carona added "I want to thank TxDOT and the many other state agenc ies and responders who are working to save lives in the floods. These dedicated employees are working around the clock, and we all appreciate their efforts."

Thursday, June 28th Texas Transportation Commission Meeting

By Faith Chatham - June 28, 2007

The Texas Transportation Commission will convene at 9:00 a.m. Thursday, June 28 in the Dewitt C. Greer Building, 125 East 11th Street, Austin, Texas.

WATCH THE COMMISSION MEETING ON THE INTERNET.
Agenda
(Requires Quick Time Player to view video.
Download Quicktime (free) player)|

Agenda Item 6. Toll Projects
a. Collin and Denton Counties – Consider the recommendation of the Regional
Transportation Council concerning the financing, construction, and operation of
the SH 121 project from Business SH 121 to US 75 in Denton and Collin
counties (MO)

Agenda

Item 10: d. Right of Way Dispositions and Donations
(1) Denton County – FM 3040 at Valley Parkway in Lewisville –
Consider the exchange of right of way (2 MOs) MO1
MO2

FACTS:
Texas Transportation Commission

The Texas Transportation Commission is a five-member board appointed by the Governor to oversee TxDOT. The Commission:

- plans and makes policies for the location, construction and maintenance of state highways,
- oversees the design, construction, maintenance and operation of the state highway system,
- develops a statewide transportation plan that contains all modes of transportation, including highways and turnpikes, aviation, mass transportation, railroads, high-speed railroads and water traffic,
- awards contracts for the improvement of the state highway system,
encourages, fosters and assists in the development of public and mass transportation in the state, and
- adopts rules for the operation of the department.

[Source: TxDOT website]

OPINION - from the Star-Telegram: The choice is easy, actually

Fort Worth Star-Telegram - Sun., June 24, 2007
It's not the least bit hard to describe the choice that Texas Transportation Commission members will face Thursday at their meeting in Austin: (1) Agree with the overwhelming preference of this region's elected officials and allow the North Texas Tollway Authority to build the Texas 121 toll road in Denton and Collin counties, or (2) award the lucrative project to the apparent favorite among state toll road devotees, the Spanish company Cintra.

From here, it's an easy decision: Pick NTTA.

But there is reason to worry that in the boiling pot of Austin politics, the commission may see things differently. Because of its ongoing efforts to build sections of Gov. Rick Perry's proposed Trans Texas Corridor, Cintra holds special status in state transportation circles.

Thirty-seven members of the Regional Transportation Council, representing cities and counties and transportation providers in the Dallas-Fort Worth area, studied the competing proposals from NTTA and Cintra for weeks. With input from transportation and financial experts and after much debate, they voted 27-10 on Monday that NTTA's proposal offered greater financial value for the region.
That's exactly the standard on which this decision must be made, and local officials are the best ones to judge it.

This is not a hard choice. The Transportation Commission should make short work of it on Thursday and award the Texas 121 tollway project to NTTA.

Anything else would be substituting state politics for local decision-making.

In the background

Three factors influenced Regional Transportation Council members in picking NTTA for the Texas 121 project:

NTTA offered more money up front ($2.5 billion) and more money over the 50-year life of the contract ($833 million in current dollars) for the right to build the project and collect the tolls. Those payments will be used for other transportation projects across Tarrant, Dallas, Denton and Collin counties. Cintra offered $2.1 billion up front and $700 million over the life of the contract.

Over time, the NTTA proposal has greater upside potential for the region. Inevitable growth in Denton and Collin counties reasonably can be expected to push the traffic count on Texas 121 above current forecasts. Cintra would hand the additional revenue from that growth over to its investors. NTTA would keep the money at home and use it on other local projects.

Despite disagreements that some of these officials have had with NTTA in the past, on a long-term project like this they'd still rather deal with a local public agency led by a locally appointed board than with a foreign company. NTTA has plans to start work on five other tollway projects in the next five years, four of them crucial to Tarrant County drivers: Texas 170 near Fort Worth Alliance Airport, the Southwest Parkway stretching into Johnson County, a southern extension of Texas 360 and (just over the line in Dallas County) construction of Texas 161 between Texas 183 and Interstate 20.

Four years ago, the Transportation Commission authorized planning organizations like the Regional Transportation Council to set priorities and guide spending on road and transit projects in the state's major metropolitan areas. That policy included -- even emphasized -- toll road projects.

Ric Williamson, then a commission member and now its chairman, called that local decision-making "clearly the thrust of the governor's instruction about the metros" and said the emphasis on local direction represented "monumental steps" beyond the prior procedure of centralized decision-making from Austin and piecemeal funding of projects across the state.

Local officials have made the big decision on Texas 121. Now Austin should back them up.

So what about Cintra?

The Transportation Commission clearly has the final authority to approve projects in the state highway system, including this one.

Two points could be used to try to spin the decision in Cintra's favor:

State officials picked Cintra's proposal in February as the best among three private company bids on the Texas 121 project. Local legislators were outraged that NTTA had been discouraged from bidding at the time, and they passed a law that reopened the bid process.

Some Cintra backers have said that the reopening violated federal procurement rules and that the Federal Highway Administration might require that the $237 million that it has invested in Texas 121 be returned to Washington. Texas Sen. Kay Bailey Hutchison objected to that interpretation in a May 1 letter to federal highway administrators.

Indeed, this one is a real stretch.

What the federal money paid for has already been delivered: the main lanes of the existing Texas 121 bypass around Lewisville. North Texans are driving on that road (also a tollway) and will continue driving on it. The fact that the new toll road would connect to it should make no difference to federal officials. NTTA plans to use no federal money on the new project.

Some hand-wringers among the Cintra backers say that the Spanish company, having invested a lot of money in its Texas 121 proposal since the state first invited interested parties to take a look at the project more than two years ago and having been selected once as the apparent best bidder, might sue if the contract is given to NTTA instead.

Anybody can file a lawsuit, but it's unlikely in this case. Cintra is aggressively pursuing other Texas toll road business, and taking the state to court would be shooting itself in the foot.

In addition, state law provides that even unsuccessful bidders in cases like this should be reimbursed for their expenses by the state or the region. That will cost a few million dollars, but it would make Cintra whole again -- and the money is only a drop in the bucket when compared with the $400 million in upfront money by which NTTA's bid
See Star-Telegram Opinions Page

“The question is whether we want the money to stay in North Texas..."

Feelings Mixed on NTTA Pick
by Richard Williamson -The Bond Buyer - 6/20/07
Copyright 2007

DALLAS — In awarding the $5 billion State Highway 121 toll road project to the North Texas Tollway Authority, many local government representatives on the North Texas Regional Transportation Council cited the importance of keeping toll revenue in the region.

But others fear that stripping the project from the private development team of Cintra/JPMorgan four months after it was awarded will keep badly needed capital out of the region.

“I believe we have enormous risk to the region if we go with the NTTA bid,” said Wendy Davis, a Fort Worth City Council member who serves on the RTC. “I don’t think it is going to keep money in the region. And I think it is the least — not the most — responsible decision we can make.”

Citing a list of Dallas-Fort Worth-area toll projects on the NTTA’s agenda, she said: “If we want to be able to finance all those projects, we’ve got to keep the private sector at the table.”

Davis ended up on the losing side of a 27-to-10 vote Monday as the RTC reversed its February decision to award SH 121 to Cintra/JPMorgan, the winner among three private development finalists. On Monday, the RTC chose the NTTA despite analysis from the Texas Department of Transportation and Price Waterhouse Coopers showing Cintra’s proposal had a higher net value to the region.

The RTC’s decision must be ratified by the Texas Transportation Commission on June 28, but NTTA chairman Paul Wageman noted that the TTC had vowed to support the RTC’s decision. The RTC, a coalition representing regional governments, works under the TTC to manage transportation projects in the Dallas-Fort Worth area.

“We look forward to the swift approval by the Texas Transportation Commission at their next scheduled meeting later this month,” Wageman said.

Jose Lopez, Cintra’s Austin-based U.S. director, later issued a written statement.

“As independent analyses have shown, the joint venture of Cintra and institutional investors advised by JPMorgan Asset Management is the superior proposal for SH 121,” Lopez said. “The RTC’s own independent financial advisers found that our proposal offered the best value to the region.”

In voting for the NTTA, some council members cited SB 792, recently signed by Gov. Rick Perry. It gives toll authorities first rights to toll projects. That translates to a virtual monopoly for government toll authorities, one council member said.

Many of those voting for the NTTA looked askance at Cintra’s projected profit of $763 million over 50 years.

“The question is whether we want the money to stay in North Texas, or go to New Jersey or Delaware or wherever it might go into the international market,” said Dallas City Council member Bill Blaydes.

Some RTC members, such as Tarrant County Judge Glen Whitley, switched positions in favor of NTTA. “I think this is the toughest decision I’ve had to make in the 10 years I’ve been on the board,” Whitley said. “This is supposed to be the crown jewel in the region and maybe the state. So woe be to us if this project fails.”

When completed in 2010, State Highway 121 will be a 23-mile tollway in Denton and Collin counties north of Dallas.

While Cintra claimed that awarding the project to the NTTA would reduce the authority’s bonding capacity by $1.5 billion, the authority claimed that winning SH 121 — more than doubling its bond debt — would actually increase its bonding capacity by $4 billion or more.

Price Waterhouse Coopers analyst Arthur Baines landed somewhere in the middle, saying NTTA debt capacity would drop by about $1 billion immediately. It would gradually recover over the initial 23 years of the 50-year financing. For the remaining 27 years, the project would have a positive impact on the NTTA’s debt capacity, Baines indicated.

The authority plans to issue commercial paper and take that out with bonds within 60 days. The proposal calls for up-front payment of $2.5 billion and $833 million over 50 years to the RTC. The NTTA has already recognized that its A-plus credit rating will fall. But officials expect it to remain in the “A category.” All three credit rating agencies have examined the proposal and announced plans to reevaluate the ratings once the project is finally awarded. Indeed, Standard & Poor’s yesterday placed its A-plus rating for the NTTA’s roughly $1.4 billion of revenue bonds issued for the Dallas North Tollway System on CreditWatch with negative implications.

© 2007 The Bond Buyer

State not sold on NTTA's bid for 121 toll road

Commissioners raise doubts about toll plan OK'd by regional panel
By MICHAEL A. LINDENBERGER - The Dallas Morning News - Wednesday, June 20, 2007

Two of five Texas Transportation Commission members said Tuesday that they can't guarantee they will ratify Monday's decision by local leaders to recommend the North Texas Tollway Authority for the State Highway 121 toll project.

Commissioners Ted Houghton of El Paso and Hope Andrade of San Antonio said awarding the contract to NTTA could leave the state vulnerable.

Mr. Houghton said NTTA's proposal is subject to more unknowns than the bid from its rival Cintra, the Spanish construction firm.

"Cintra's offer was a firm bid, an iron-clad contract that we could have closed on yesterday and they would have handed us a check," he said. "NTTA's is not a firm bid; it's merely a proposal. And so now we will have to negotiate."
Commission members get the final say on who will build the coveted 26-mile toll road in Collin and Denton counties. But the Regional Transportation Council sent them a strong message Monday with its 27-10 vote in favor of giving the lucrative contract to the NTTA.

The commission's June 28 agenda will include an action item on the Highway 121 bid, according to the Texas Department of Transportation. But what that item will say – and whether it's a final decision or simply an agreement to negotiate with NTTA – is not clear.

Still, commissioners are eager to work with the RTC in North Texas, Ms. Andrade said. But she said she first must be convinced that the NTTA proposal is the best deal for Texas and doesn't expose the state to a lawsuit from Cintra.

"I want to first make sure that we don't place any risks on the state," Ms. Andrade said. "If there was any negative impact on the state, we would have to bring the region together to tell them we need to figure out how to do this."

Commissioners Ned Holmes of Houston and Fred Underwood of Lubbock could not be reached for comment Tuesday, and Chairman Ric Williamson of Weatherford declined to say what weight he will give the RTC's decision.

"Now that we have an action item before us, it's inappropriate for me to comment as it might be interpreted as how I intend to vote," he said.


Cintra's effect

Commission members and Transportation Department spokesman Randall Dillard said the regional vote will be given great weight in Austin. They argued that NTTA's win was a victory, not a setback, for Gov. Rick Perry's campaign to attract private companies willing to invest in building Texas roads.

"The world changed, and history was made," Mr. Dillard said. "And the RTC decision proves that competition has played, and can play, a vital role in the building of Texas roads."

Mr. Houghton was more explicit. The fact that NTTA was willing to propose paying billions of dollars upfront for the road is a direct result of Cintra's involvement in the bidding process, he said.

"Competition has worked," said Mr. Houghton, who has previously criticized the NTTA. "We've won. And all you have to do is look at history. Tell me, how else would we have been able to pull in $2.8 billion, or whatever the final amount will be, without bringing in the free market?"


NTTA proponent

Mr. Houghton and his fellow commissioners were appointed by Mr. Perry, a Republican. But the governor's eagerness to award Cintra the Highway 121 project met opposition from within his own party.

State Sen. John Carona, R-Dallas, opposed awarding the contract to Cintra and helped smooth the way for NTTA's bid. Mr. Carona now says he agrees that Cintra's bid resulted in a better proposal from the NTTA.

"The governor and the ... [transportation commissioners] did the right thing by introducing the free market into the process," Mr. Carona said.

But he said Mr. Williamson promised him that the regional vote would be decisive on the Highway 121 project.

"The commissioners are honorable men and women," Mr. Carona said. "And the chairman of the commission told me, in no uncertain terms, during the last session that the wishes of the RTC will be honored. I believe he is a man of his word.
"Certainly, if the Transportation Commission chose to ignore the overwhelming wishes of RTC, then that would not bode well for future relations between the Legislature and the Texas Transportation Commission.

WFAA NEWS

A cliff hanger in DFW -- suspense, intrigue, deceit and a final vote for the hometown guys on SH121

By Faith Chatham - Wed Jun 20, 2007

The NCTCOG SH 121 workshop on Thursday and the RTC meeting Monday were long and tense. The Monday meeting to vote on awarding the Contract on SH121 ran over two hours longer than orginally scheduled. Until the last 15 or 20 minutes of the meeting, I felt that the vote would probably go to Cintra. During both days, I never heard aggressive or hostile questioning of Cintra, but many members of the RTC questioned (and/or preached) to NTTA so aggressively that it seemed hostile.

Read blow by blow analysis of the the vote to let SH 121.

Board members and conflict of interest ethics violations

Several members of the NCTCOG RTC are probably in violation of Chapter 176 of the Local Government Code which reads:

(4) describe each affiliation or business
relationship with a corporation or other business entity with
respect to which a local government officer of the local
governmental entity:
(A) serves as an officer or director; or
(B) holds an ownership interest of 10 percent or
more;
(5) describe each affiliation or business
relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government
officer of the local governmental entity with respect to the
expenditure of money;
(6) describe each affiliation or business
relationship with a person who:
(A) is a local government officer; and
(B) appoints or employs a local government
officer of the local governmental entity that is the subject of the
questionnaire; and
(7) describe any other affiliation or business
relationship that might cause a conflict of interest.
(d) A person described by Subsection (a) shall file an
updated completed questionnaire with the appropriate records
administrator not later than:
(1) September 1 of each year in which an activity
described by Subsection (a) is pending; and
(2) the seventh business day after the date of an event
that would make a statement in the questionnaire incomplete or
inaccurate.

Refer to the Chapter 176 Local Government Code

The By Laws of the RTC cites adherence to Chapter 171 of the Local Government Code which has a more narrow interpretion of Conflict of Interest.

At the June 14 RTC Meeting of the NCTCOG, a member inquired about possible conflicts of interest by RTC members specifically in relation to the upcoming vote on awarding the lucrative SH121 contract at the Monday, June 18th RTC meeting. A specific question was asked about members of the RTC who are TxDOT officials refraining from voting. A NCTCOG official replied that it would be left to the members, including NTTA Board Member Dallas Mayor Lauri Miller to decide whether they have a conflict of interest.

In a February phone call to NCTCOG Executive Director Mike Eastland, he stated that "We (the NCTCOG) do not usually attempt to enforce ethics conflict of interest rules on members of committees who are appointed by member governments." When questioned about a specific member with alliances which created at the very least, the impression of a conflict of interest, Eastland replied: "You'll have to go to the District Attorney in the county where the member lives to file a complaint of ethics violations." Concern was expressed to Mr. Eastland that the NCTCOG did not attempt to monitor ethical conduct of members serving on their boards and commissions in regard to actions in relation to their service on NCTCOG Boards and Commissions.

Application of ethics rules by Councils of Governments varies:
in March 2007, the Executive Director of the East Texas Council of Governments said: "We take very seriously the actions of members of boards and commissions as well as staff in service to the COG. Our attorney explains very clearly to all our members that they are to avoid conflicts of interest and the perception of conflicts of interest." He said that they "monitor and try to avoid possible violations," rather than referring them to the home county of the members. This statement was made in a telephone call within days of NCTCOG Executive Director Mike Eastland's explanation that at the NCTCOG they leave it to each member to determine if they have a conflict of interest.

At the RTC June Public Meeting in Arlington, concern was expressed that three members of the RTC serve on the Board of Directors of NASCO CORRIDOR, an organization with a mission statement to influence local, regional, state and federal governments to enact laws and fund improvements and construction of multi state tranportation corridors to priotize the shipment of international cargo over passenger transportation solutions. NCTCOG Transportation Director Mike Morris stated he saw no conflict of interest in three NASCO CORRIDOR Board Members (Tarrant County Judge Glen Whitley, RTC Chairwoman Denton County Commissioner Cynthia White and RTC member Denton Mayor Pro-tem Tex Kamp) serving on the Regional Transportation Committee, where they set policies for this region and vote awarding contracts for construction projects.

Thursday June 14 at the RTC meeting was the first time since these queries earlier in the Spring to Executive Director Mike Eastland, that RTC members have openly discusses possible conflicts of interest of RTC members. Those members who voiced the subject are to be commended. Commissioner Maurine Dickey of Dallas asked how the NCTCOG RTC bylaws address conflict of interest. Staff replied that they 'were not sure' but would research it and post the bylaws on the RTC website before the Monday meeting.

Examining the bylaws today revealed that the bylaws address adnerence to Chapter 171 of the Texas Local Government Code. It is recommended that the NCTCOG instruct its members and vendors that they must also adhere to Chapter 176, which addresses Members of Board of Directors as having conflicts of interest in addition to those who own 10% financial interest in a business or investment.

Perry signs legislation to halt private toll roads

But the moratorium excludes virtually all North Texas projects
By CHRISTY HOPPE and JAKE BATSELL - The Dallas Morning News - Monday, June 11, 2007

AUSTIN – Gov. Rick Perry signed a new transportation law (SB792) Monday that
eases some of the fears over runaway toll roads and gives local
authorities more control over road projects.

The bill was a compromise hammered out in the final days of the
legislative session between the governor, who has championed private
toll roads as a way to quickly build highways without raising taxes, and
lawmakers, who have felt the wrath of rural landowners and skeptical
urban commuters.

Legislators revisited a 2003 law that many felt had hidden consequences,
such as allowing private firms to take over large swaths of the state
highway system, stripping property owners of their land and discouraging
public entities from competing for toll projects."Texas was becoming the test tube for private equity plans," said Rep.

Lois Kolkhorst, R-Brenham, who pushed for a two-year moratorium on
private toll deals.

Lawmakers initially – and overwhelmingly – passed a bill that would have
placed more restrictions on the governor's efforts to privatize roads.

Mr. Perry vetoed that bill.

The bill he signed Monday has a partial moratorium in place. But the
two-year freeze was dubbed the "Swiss cheese moratorium" because it's
riddled with exemptions, including virtually all North Texas toll roads
already in the works.

"I am proud to sign this legislation because it will help Texas build
the roads we need to manage our state's tremendous population growth,"
Mr. Perry said.

The bill halts at least one project in San Antonio. And Texas
Transportation Commission members have said the moratorium, despite all
its exemptions, still sends a chilling effect to private investors.

"A seemingly innocuous moratorium is, in effect, a freezing of the
entire program," said Ric Williamson, the commission's chairman, in an
earlier interview.

Mr. Williamson acknowledged that the past five months were humbling for
the Transportation Department.

Lawmakers repeatedly criticized what they described as the agency's (TxDOT)
rogue and arrogant tactics in awarding toll road deals."The whole process has been inalterably changed," he said. "We know
clearly what [lawmakers'] concerns are, what they want us to do, what
they don't want us to do. And we will change our behavior accordingly."

The bill gives local entities such as the North Texas Tollway Authority
the first option to build toll projects, limits private toll contracts
to 50 years and establishes a new process to determine a road's market
value.
On Thursday, transportation commissioners will consider a list of
possible projects to develop under the new legislation, which takes
effect immediately.
...
As lawmakers sought to curb private toll roads, they also thwarted bids
to raise the state gas tax to keep up with inflation and to expand
transit systems through voter-approved sales-tax hikes. They even toyed
with suspending the gas tax for the summer.
...
"What people seem to forget in this whole debate about roads is that the
citizens always pay for the roads," said Sen. Robert Nichols,
R-Jacksonville, a former transportation commissioner and a leading
backer of the moratorium. "The question is, how do you want to collect
the money?"

Read more

Public Meetings of RTC (NCTCOG)

Public Meeting - to inform and take comments from the public:
Topics: Changes to the TIP (Transportation Improvement Plan), Funding for Transportation and Clean Air Project Planning for the next two years, and CDA (Private/Public Partnership) on 675 miles of toll roads in the DFW region and how to spend the upfront concession payments:

June 7, 2007, 10:30 AM - 12:00 PM
Meeting Location: NCTCOG Offices, Arlington, TX Transportation Council Room

June 7, 2007, 6:30 - 8:00 PM
Meeting Location: Christopher A. Parr Library, 6200 Windhaven Parkway, Plano, TX 75093


OTHER UPCOMING MEETINGS AT NCTCOG OPEN TO PUBLIC:

NCTCOG's RTC deliberates regarding changes to the TIP!
The public is encouraged to sit in and listen to the proceedings at the next RTC meeting.
PLACE: NCTCOG Regional Transportation Council Room, Arlington
DATE: June 14, 2007, 1:30 - 4:00 PM


Water Resources Council:
DATE: June 14, 2007, 10:30 AM - 12:30 PM
Meeting Location: NCTCOG Offices Arlington, William J. Pitstick Executive Board Room

Tower 55 (Rail in Fort Worth) Technical Advisory Group Meeting:
DATE: June 15, 2007, 1:30 - 3:00 PM
Meeting Location: NCTCOG Offices Regional Forum Room, Arlington

Outer Loop/Rail Bypass Meeting:
DATE: June 15, 2007,1:30 - 3:30 PM
Meeting Location: NCTCOG Offices - Arlington, Pecan Conference Room

Outer Loop/Rail Bypass:
DATE: June 20, 2007, 1:00 - 3:00 PM
Meeting Location: NCTCOG Offices - Arlington, Pecan Conference Room

Storm Water Public Education Task Force:
DATE: June 21, 2007, 1:30 - 3:30 PM
Meeting Location: NCTCOG Offices, Tejas Conference Room

NCTCOG Executive Board Meeting:
June 28, 2007, 7:00 AM - 4:30 PM
Meeting Location: NCTCOG Offices - Arlington, William J. Pitstick Executive Board Room

The NCTCOG Offices are located at 616 Six Flags Drive, Arlington, TX 76005

"I guess they can overrun us."

Planners bypass Frisco's toll-road objections
This article is being posted again in a prominent place because it highlight how the RTC, and Tarrant County Judge Glen Whitley ignores the will of the people.
GORDON DICKSON - Fort Worth Star-Telegram - Thursday, April 13, 2006

ARLINGTON- North Texas leaders often say they put the good of the region above local desires. On Thursday, that was put to the test.

The Regional Transportation Council, the area's official planning body, agreed to pursue a toll road on Texas 121 in Collin County -- and potentially many other future toll roads in Tarrant and other counties-- over the objection of elected leaders in Frisco.

The RTC also agreed to allow pricing on toll roads to vary by time of day, reaching up to 17 cents per mile during rush hour beginning in 2010. Today's Dallas-area toll rate is a flat 10 cents a mile.

The approval, on a voice vote --with at least three of the RTC's 40 members opposed--was a notable break with tradition. When development decisions are made in North Texas, it's not uncommon for politicians to grant veto power to a city or county directly affected by a project. Not this time.

"We left here with the reaction that the region is the No. 1 priority for the RTC," Tarrant County Commissioner Glen Whitley said.

Frisco Mayor Michael Simpson had a different take.

"I guess they can overrun us," he said after the meeting at the Arlington Convention Center. "I'm not happy about it."

Simpson said he calculated that if the 17-cent maximum was applied to Texas 121, a typical commuter using the road during peak morning or afternoon traffic would spend about $1,100 a year on tolls.
"We want a toll low enough that people are willing to pay," he said. "I hope it doesn't kick traffic onto the streets of McKinney, Allen and Frisco."

Last week, the Frisco City Council withdrew its support for the proposed toll road roughly from the Dallas North Tollway to McKinney.

Frisco originally supported the toll road, on the condition that tolls be kept as low as possible. But other North Texas leaders and the Texas Department of Transportation wanted to seek bids from private companies, to see whether the toll road could generate a large cash payment up front.

All Thursday's action really does is set up a competition for the Texas 121 Collin County toll road project between the tollway authority and any private bidders.

The state transportation department could select a winner by November.

Whether Frisco likes it or not.

© 2006 Fort Worth Star-Telegram: www.dfw.com

RTC ignores people's will in establishing transportation policy
By Faith Chatham - June 6, 2007
On June 4th the NCTCOG staff was asked at the media briefing if they surveyed the public or asked the people whether they wanted to pay for other projects with surplus toll revenue before the RTC adopted the policy of expanding existing highways and building most new freeways as tolled roads with rates set high enough to generate surplus toll revenue to spend on other projects. Mike Morris and Lara Rodriguez stated that "We held 20 meeting last year between Feb. and April and they were well attended. We discussed CDAs, toll rates and surveyed attendees. They were held along the SH 183 corridor, the SH 121 corridor and the SH 161 corridor." THey said that about 161 people attended and they surveyed a few additional people.

Lara sent the survey to DFW Regional Concerned Citizens.
They surveyed 214 people. There are 6.5 million people in the NCTCOG Region.
Not all citizens in all counties were given opportunity to take the survey. Random samples were not taken from different parts of the metroplex attempting to get a sampling of various income groups, ethnic groups, and ages groups (young adult to senior citizen). Most of the questions pertain to SH 121.

No question on the survey asks if the citizen prefers having toll rates set higher than necessary to maintain the roads and retire the debt so that surplus toll revenue can be generated to fund other projects.

The RTC appears to have ignored the preferences of the majority of the respondents to the survey. The policies adopted.

QUESTION: If the CDA anticipates toll revenue greater than the anticipated cost, do we request revenue up front or over time. 97 said OVER TIME.l 17 UP FRONT; 27 LOCAL DECISION. The RTC adopted a policy requiring PRIVATE and PUBLIC toll companies to pay substantial up-front concession payments to acquire and operate toll projects in the region.

QUESTION: The RTC should take into account the number of toll roads in a specific area before setting toll rates? 171 yes; 26 no.
They did not ask any question about how many roads citizens thought should be tolled, about the ratio of non tolled to tolled major highway miles in a county or district. There is no question asking if the citizens think 675 miles of additional toll lanes to existing highways and new toll roads is appropriate for this region.

QUESTION: What should the 2010 toll rate be for SH 121? NO TOLL -28; .09 cents per mile - 17; .10 cents per mile - 17; to NTTA max .12 cents per mile - 121; .14 cents per mile - 1; .15 cents pr mile - 20; .25 cents per mile - 2.

QUESTION: How should the toll rate grow over time? 108 of the 188 respondents answered NO MORE THAN 1.5% per year- no growth increase in 5 year increments as operating and maintenance costs increase. The RTC adopted a plan which escalates every 2-3 years at rates substantially higher than the maximum 1.5% per year favored by the citizens surveyed. Also the rates will escalate upward based on Consumer price index and inflation and other factors.

QUESTION: Should there be a Comprehensive Development Agreement CDA in Collin County?
The majority (141) of the citizens said NO! Only 41 answered yes. The RTC and TXDOT initially selected Cintra and announced plans to sign a CDA with the Spanish-based firm. When the Texas Legislature stipulated that public toll authorities in a region were to be given right of first refusal members of the RTC objected. Judge Glen Whitley at the March 2007 RTC meeting exclaimed: "Why ever would we award the NTTA a contract? They'll have to meet the up-front concession payments offered by Cintra or I know I won't vote for it!"

QUESTION: Should we have a differential toll rate for peak and off peak conditions?
The majority (171) said NO. Only 41 said yes. Both the NTTA and Cintra bids are based on different toll rates for different times of day. The RTC ignored the preference of the people.

Ignoring the preference of the people is a pattern with the RTC and TxDOT.
They adopted policues which will require citizens to pay tolls for 50 years, at rates higher than necessary to construct and maintain the roads, without giving the 6.5 million citizens in the region opportunity to address the questions.
They ignored the peference of the 180-214 respondents to their survey.
They refused to evaluate their plan after hundreds of citizens showed up at EVERY TTC hearing held by TxDOT in the region during the summer following the RTCS series of meetings.

Citizens yelled and protested eminent domain for private developlment, toll roads instead of highways paid for by gas tax and bond money, 50 year contract and CDAs with Cintra, a Spanish company.

The will of the people was unmistakable.

The RTC and TXDOT and most local leaders chose to ignore the people and push through policy which will require the citizens in this region to depend upon toll roads for 50 years and to pay higher tolls than is necessary to build the roads and retire the debt and maintain the infastructure.

The RTC lobbied the State Legislature to exempt this region from the 2 year moratorium on toll roads. The rest of the rest of the state will benefit from a re-evaluation of CDAs before commitments are made on 50 year contracts in their region. It is possibe that the State Legislature will fix some of the problems with Transporatation financing (such as a need to index the gasoline tax to keep up with inflation) and enable Texans to again have roads built with tax money instead of toll money. This region may be left having to pay higher gasoline tax and having to pay high tolls to drive on Texas state highways in this region.

The RTC and local officials have failed to be responsive to the economic welfare of the residents of this region. They appear to place greater priority on moving freight and speak more about "economic growth" than they do on creating systems that efficiently move people at affordable rates.

Their plan contains too many miles of toll roads for one region. They have modeled much of the additional capacity after a toll road in Orange County, CA which has proven to be a dismal failure. Begun as a private public partnership, the rates and management of the road irritated (infuriated) citizens so much that the state bought back the toll road from the private partners at a very high cost to the taxpayers. During rush hour the toll lanes are nearly empty while the not tolled lanes are so congested that traffic hardly moves. They have dedicated valuable real estate to under utilized toll lanes. If all lanes were non-tolled, they could equalize traffic among the lanes and everyone would have a better opportunity to get to their destination in a reasonable time. Because of creative funding strategies, the citizens in that region are poorly served.

It is unfortunate that regional transportation planner have chosen to model much of this regions proposed transportation projects after a project with is neither a success nor an improvement.