TTC-35 officially declared DEAD by Feds

By Terri Hall - TURF - Aug. 2010

Attorney Fred Kelly Grant, who's with TURF partner, American Stewards of Liberty, was instrumental in forming the Eastern Central Texas Sub-Regional Planning Commission (dubbed 391 commissions) that's credited with this victory. He's analyzed the Federal Highway Administration official Record of Decision (ROD) below.

"The Federal Highway Administration has pounded the final nail in the coffin of the Trans-Texas Corridor-35. The Agency’s final Record of Decision, issued on July 20, 2010 selected the No Action Alternative but went further in ordering that 'a study area for the TTC-35 Project will not be chosen and the TTC-35 Project is concluded.' Twice the ROD states that the 'project is concluded,' and six times it states that 'the project ends.' If TxDOT attempted to revive the 35 Corridor project and use the same EIS, this ROD would provide the base for issuance by a United States District Judge of a Declaratory Judgment prohibiting the action.” -- Fred Kelly Grant, Attorney, American Stewards of Liberty

Margaret Byfield, Co-Founder of American Stewards of Liberty, added:

"They didn’t withdraw the study as requested, but wrote the ROD in such a way that TxDOT cannot use this study in the future."

The following is from Insider Texas Government Strategic Partnerships, Inc. Link to article directly here...
FHA declares Trans-Texas Corridor proposal officially dead

Latest I-35 project includes expansion to six lanes through areas of Central Texas

The death certificate for the Trans-Texas Corridor (TTC) has officially been signed.

The oft-maligned TTC project pushed by Gov. Rick Perry would have routed traffic around population centers and provided a broad corridor to link major cities. It also would have included toll roads for cars and trucks, space parallel to the corridor for utilities and tracks for freight and passenger trains.

The demise of the project began when public hearings were held throughout the state. Thousands of citizens voiced their opposition to the TTC, citing the fact that too much private property would be taken for the project. Others objected to plans to involve a consortium that included a Spanish company for part of the $175 billion, 4,000-mile network and wanted more of the proceeds from any toll roads to go into state coffers.

After hearing the complaints, Texas Department of Transportation (TxDOT) Executive Director Amadeo Saenz, in 2009 declared, "The Trans-Texas Corridor as it is known, no longer exists."

And just last week, the Federal Highway Administration (FHA) issued an official decision of "no action" on the TTC proposal, which prevents the project from going forward. It also cancels the planning comprehensive development agreement between TxDOT and the Spanish construction company.

"A study area for the TTC-35 project will not be chosen," reads the decision, and the TTC-35 project is concluded." While the FHA acknowledged that "transportation needs exist" along the corridor, "those needs will have to be addressed by transportation projects other than TTC-35." The FHA decision was based on comments at public hearings that decried a possible reduction in land values. The federal agency noted that the magnitude of the potential impact on land values was "unprecedented" because of the size of the study area - 400 to 500 miles long and 5,000-6,000 square miles in area - because of the approximately 1 million people who could be affected by the project and the projected 50 years necessary to complete the project.

Although the TTC proposal is officially dead, segments of the I-35 corridor are currently under construction as a project continues that will expand the interstate to six lanes through Central Texas from Hillsboro to San Antonio. TxDOT has already put $1 billion in the bank toward that project. The nearly 100-mile length of the project is expected to take three to five years to complete.

On Monday, a third 2010 project on the Central Texas plan began in Bell County, where the expansion to six lanes will cover an area from FM 2484 north of Salado to Highway 190 in Belton. The 8-mile, $107 million project (paid for in part by federal Recovery Act funds) is expected to be completed in approximately four years.

Earlier this month, a project began between Hillsboro and Abbott. It is the first stage of the widening of I-35 in that area to three lanes in each direction. The first phase includes moving and widening the frontage roads along the highway. And in May, two ramps onto I-35 in Waco were closed and will remain closed for approximately one year as new southbound lanes are constructed.

As TxDOT continues to seek more input from citizens, Texans are helping develop a plan for the future of the I-35 corridor. The result – MY 35, a plan featuring local input based on local needs.

Seeking Individuals Interested in Serving On the Corridor Advisory Committees

Excerpted from TX Rep. Betty Brown’s 2/1/08 e-Newsletter

Recently, the Texas Transportation Commission approved rules establishing Corridor Advisory Committees and Corridor Segment Committees. These committees will assist the Texas Department of Transportation (TxDOT) with planning and decision-making for important corridors such as the Trans-Texas Corridor (TTC).

Corridor Advisory Committees will assist TxDOT in the transportation planning process for major corridors of the state. Initially, two advisory committees will be established. One will focus on the Interstate 35 corridor (including TTC-35) and the other will focus on the planned Interstate 69 corridor, including I-69/TTC. Each Corridor Advisory Committee will focus on a broad overview of the project and its overall development. They will seek to build consensus among affected communities, governmental entities, and other interested parties for transportation. If you are interested in participating in the Corridor Advisory Committees, please contact my office by February 7.

In addition, TxDOT will begin setting up Corridor Segment Committees, which will focus on individual segments of the TTC. These committees will provide input and advice to TxDOT regarding designation of a specific route or what component of the TTC is needed for the respective segment of the corridor.

Membership for the segment committees will specifically include one member appointed by the County Judge of each county in which the proposed segment is located. In addition, on member will be appointed by each Metropolitan Planning Organization within whose boundaries all or part of the proposed segment may be located.

David Stall of Corridor Watch reports on SB 792

SB792 is Now The New and Improved TTC CDA Moratorium Bill.
Thursday House vote: 145 to 2

Representative Lois Kolkhorst came through on Thursday with a couple great amendments that will ensure the moratorium really stops the Trans Texas Corridor for two years.

SB792 is a virtual bullet-bill, but not bullet-proof.

The vote to pass SB792 on second reading, as amended, was an incredible 145 to 2. Then, only minutes later the House did something rarely seen, they suspended the Constitutional Rules and moved to take a third and final vote immediately without waiting until Friday.

Now the bill will be shot over to the Senate where they had hoped to get it on the Governor's desk by Friday morning. The big question is will they accept it as amended by the House, or complicate the process by going to a conference committee.

Almost three hours of TTC bashing.

The vast majority of discussion and debate that took place on the House floor today displayed open contempt for the Trans Texas Corridor. Most other toll and highway projects where left alone, except SH281 and Loop 1604 in San Antonio. That wasn't the case with the Trans Texas Corridor.

Representative after Representative told the assembled body how much their constituents dislike the TTC. Representative Harvey Hilderbran said that in his district there was, "zero support for the TTC." That caused someone on the floor to reply, "less than zero."

It was very clear that the members of the House have been hearing us and our concerns about the Trans Texas Corridor. It was especially gratifying to hear Representatives say that the TTC comes nowhere near their district.

Read more

SB 792 about summer break, not passing a good bill

May 18th, 2007 by Terri Hall (Executive Director of T.U.R.F. and San Antonio Toll Party)

The REAL truth behind today is that Governor Perry called the Legislature’s bluff. He successfully did what he did to win re-election…he got North Texas and Harris County to drink his poison pill last weekend (remember that three extra days he bought himself for arm-twisting by refusing to accept HB 1892), which was evidenced by the unanimous vote of the Senate Monday.

This is why veto overrides are so rare. The whole thing was a ruse. The Senate used HB 1892’s vote margins as leverage to get Perry to the table. They never intended to override him. Harvey Kronberg was right! The rest of this was a foregone conclusion ever since. Our San Antonio guys were ready to vote against this disastrous “compromise,” but voted for it since HB 1892 had a loophole for the corridor. So SB 792 with all it’s horrific flaws was the only means to get a moratorium that also included TTC 35. San Antonio roads were already in both (even stronger language made it into SB 792).
However, there are so many exceptions to this moratorium, that of all the CDAs currently being negotiated, only TTC 35, San Antonio, and El Paso are in it. The moratorium does stop TxDOT from signing more. So here we are again in yet another session where a last minute omnibus transportation bill where the good stuff gets watered down and the bad stuff gets rushed through with people voting on things WITH NO DEBATE. They had a shell of a debate with foregone conclusions at the outset. It ended up being like what happened to Senator Robert Nichols who was sandbagged and brought in and asked for his opinion on the bill AFTER they had the votes to outnumber him.

Word in the “back room” today was follow Wayne Smith. The leadership said if he votes for something, follow. If he votes against, follow. That’s what the Governor wants. So it went something like this: thumbs up, thumbs down, that’s our ticket out of town. They had a special room off to the side of the House floor with TxDOT arm twisters…they defeated Macias’ amendment to restore open government and allow PUBLIC access to toll feasibility studies….they shut down EVERYTHING. In fact, Smith said he would testify in favor of Macias’ amendment to keep toll studies OPEN to the PUBLIC, then he turned on him at the last minute. Smith couldn’t look Macias in the eye afterwards…what a TRAITOR! That’s what they were being told would avoid a special session.

I love how these sorry excuses for human beings sleep at night when they worry more about missing summer vacation than passing a good bill (stripping this “market valuation” language) or doing what the citizens ask. Don’t get mad at our San Antonio reps who heard you loud and clear; they asked us how to vote…we did the best we could given the circumstances. At least we could get the TTC 35 fixed. It’s the North Texas and Harris County reps that sold the rest of the state out.

If you want to take out your venom on someone, it’s the Senate. John Carona’s office assured us “no compromises” on the key provisions like the buy-back clauses. They said they were pushing to get the equivalent of HB 1892 or better. I beg to differ, it’s worse, far worse! This bill kicks the teeth out of the killer clause that would have chased off private operators for good. Instead, they’re just crippled. We could have knocked it out of the ballpark, but our representatives acted more like politicians than public servants. The Senate set the example of caving into the pressure so the House followed suit. They didn’t have the guts to take this Governor down and override his veto. They wanted summer break more than fighting FOR the citizens of Texas. That market valuation language will bury this state under oppressive tolls if we don’t beat that door down next session.

Guess Senator Carona’s concerns about high tolls only applies when they’re going to Cintra instead of his tolling authority. Both fleece the taxpayer, except under the PUBLIC toll road fleecing they justify it this way: “at least those high tolls go to build more roads.” Goodie! Are these Republicans we’re talking about here? Because this sounds like tax and spend if I’ve ever heard it.
We did get an amendment that PUT 281/1604 UNDER the moratorium (stronger than previous intent language)…but our REAL problem now is Perry’s NEW language that allows the same “market value” poison to be inflicted on us through PUBLIC tolling entities…we only stopped CDAs, not the toll train. They get you coming and going…

Market valuation just opened a new can of worms. TTC 69 is still on the table though support for it as a CDA is already starting to crack. The best medicine? VOTE the rascals out.

Perry is poison for this State and no one will go up against him even though we handed them the golden opportunity for a showdown with this Governor. Even Rep. Joe Pickett voted with KRUSEE!!!

All we truly got today was TTC 35 in the moratorium…everything else just got worse. The Governor beat them with his billy club and they said Uncle inside of 30 seconds without a whimper. Like Lee Iacocca says in his new book, Where have all the Leaders Gone?

Look, at this Ben Wear story (below)…today was all about making it acceptable to the Governor, and turf battles over the pot of money they can extract from “market-based” highways rather than about the PEOPLE of TX that have to pay for these horrific decisions for generations (with interest!)!

READ MORE about MARKET VALUATION language in SB 792