Roy LaVerne Brooks

Roy Laverne Brooks for Tarrant County Justice of the Peace Precinct 6 from George Wada on Vimeo.

Despite Legal Assaults Roy LaVerne Brooks stays on ballot in Tarrant County

By Faith Chatham - Feb. 25, 2010
Former Texas State Democratic Vice Chair Roy LaVerne Brooks wins second round of strategic legal assault by financier Dick Abrams. Unable to get County Chair Steve Maxwell to remove Ms. Brooks from the Tarrant County Democratic Primary Ballot so that he could run unopposed for Justice of the Peace, Pct. 6, Democratic donor and bundler, Dick Abrams brought suit in District Court. Abrams' suit against Roy LaVerne Brooks and Tarrant County Democratic Chair Steve Maxwell was dismissed with prejudice Friday. (aka - don't refile this case)

The contrast between the two candidates is stark. Abrams, former C.E.O. / C.O.B. of failed Surety Bank and Surety Holding, engendered support of Democratic incumbents and some Democratic "want-a-be's" by writing substantial checks to most incumbents and Democratic Clubs, creating a buzz about him being a "viable candidate." Simple Google searches bring up numerous Federal S.E.C. and Comptroller of the Currency documents chronicling Abrams less than stellar performance at the helm of Surety Bank and its holding company. Those touting how "viable" avoid mentioning that Abrams was barred from banking for failure to comply with Federal Banking laws! He settled with the Comptroller of the Currency by agreeing not to participate in any capacity in any federal funded housing, federal loans, banks, or savings and loans because of fiduciary irregularities, misrepresentation of fact on Federal Reports, and failure to follow Federal Law, and the use of bank premises for “for profit endeavors by board members and members of the family of board members.” However, because he can write max allowable checks to high profile candidates some think that he deserved to be the nominee.

In contrast, a Google search on Roy LaVerne Brooks profiles a Democratic Party activist, community servant and civic leader who was named the "Outstanding Woman Citizen of Fort Worth" and inducted into the "Texas Hall of Fame" for 30 years of civic leadership and consistent service to her hometown and the State of Texas. Brooks, a graduate of Prairie View A&M, with M.A. in Divinity from Southwestern, has chaired the handicap transportation authority (MI.T.S.A.C) in Fort Worth and served as Vice-Chair of the Fort Worth "T". Conservative with her finances, Ms. Brooks does not have as deep pockets as her opponent. The contrast between a social workers' salary and the check-writing resources of her opponent are substantial.
Abrams' lawsuit drained much of Brooks "Get out the Vote" resources. None of the newspapers or television stations are mentioning that Texas or Federal Law does not prohibit individuals who are barred from banking for violations of Federal Law from running for (and possibly winning) judicial seats in Texas, or election as State Representatives and State Senators.

Contributions to the Brooks Campaign can be made on-line at WWW.BROOKSFORJP6.ORG. $35.00 can reach half of the registered voters in the precinct by robocall. The primary is March 2nd. Act now if you want to support a qualified woman candidate for public office. The Court ruled that the people have the right to decide who their nominee should be. Money will determine whether the voters get to learn about the differences in the two candidates.

I am not pretending to be unbiased. I know Roy LaVerne Brooks and admire and respect her for her lifetime of service, incredible leadership skills, and understanding of the challenges facing individuals who come before the bench in that Justice of the Peace Precinct. If Mr. Abrams had chosen to campaign to win rather than to use the courts to remove his opponent, this race would probably have avoided my radar. As I examined the court documents, signatures on the petitions, candidate’s credentials, and the needs of the precinct, sharp contrast between the candidates convinced me that Roy LaVerne Brooks is the candidate who can truly best serve the people as Justice of the Peace. The way to build the party is to bring honor to it by fielding and electing people whose life reflects consistent integrity, service and honor. Roy LaVerne Brooks is a woman of integrity, and possesses a heart for the people and the intellect and discernment to do the job.

In Tarrant County, road projects are going nowhere in a hurry

By ANTHONY SPANGLER - Fort Worth Star Telegram - Mon, Oct. 06, 2008

FORT WORTH — The city of Saginaw wanted to widen an east-west thoroughfare from three lanes to six with a divided median.

Even though it combined more than $7 million in federal funds and matching dollars in the 2006 Tarrant County bond program, the city of 19,000, which has a budget of $30 million, is finding it difficult to come up with its share of the money for the project.

Now, Saginaw plans to take the Longhorn Road project back to the county commissioners to request a scaled-back version that would instead widen it to four, undivided lanes.

"The escalating costs, since the concept of the projects were done back in 2005, have made it too expensive right now," said Dolph Johnson, assistant city manager and finance director.

"The city’s share is about $1 million more than what we had expected. It would be difficult for us to come up with the difference."

Rising construction costs, tightening municipal budgets and a national credit crunch are preventing some Tarrant County cities from tapping into $140 million in matching road funds in the bond package that was approved by voters in 2006.

About 90 percent of the transportation projects in the $433 million program have been delayed at least a year. Some have been delayed as long as three years.

And several cities are coming back to the county commissioners, asking to scale back or otherwise alter their project plans to make them affordable.

Commissioner Gary Fickes warns that the problem could get worse as city budgets tighten and construction costs continue to rise.

"Time is killing them," he said during a recent discussion of the project delays. "I think the longer this goes on, the worse it is going to get."

Skyrocketing costs

The 2006 bond program set aside money to match cities’ contribution for road projects that would reduce congestion, ease traffic problems and improve air quality. Under the program, cities must cover the costs of inflation.

Since 2005, the cost of concrete has risen about 20 percent; the cost of steel about 83 percent; and the cost of asphalt paving mixtures about 107 percent, according to Labor Department commodity data.

"They submitted the projected costs in 2005, but those estimates were pre-Katrina, Rita and Ike," said Renee Lamb, Tarrant County transportation director. "The rising cost is the reason for some of the delays, according to what cities have told us. Some of the cities are awaiting bond elections this November to come up with their portion of these projects."

She said the financial crisis may make it difficult for cities to borrow money in the near future.

"I’m sure that the financial side is playing a factor in some of these delays, but it is not in anyone’s best interest to delay because construction costs are not going to go down anytime soon," Lamb said.

Set aside

Tarrant County Administrator G.K. Maenius said some cities have already set aside money for the road projects and others may not issue debt until after the financial crisis passes.

Earlier this year, Tarrant County sold $112 million in bonds as part of the 2006 program, paying 4.36 percent on that debt. The county invested the money in accounts that are earning about 3 percent annually.

Maenius said cities that try to sell bonds, or certificates of obligation, which are typically paid for with property taxes, for capital projects such as road construction may find it difficult.

"It will be a matter of timing, when they go out and try to borrow that money," he said. "A big problem will be that money will only be available to individuals and governments that are credit-worthy. I’m sure the rating agencies are going to be taking a really hard look on any government that they rate."

Read more in the Fort Worth Star Telegram

North Texas Tollway Authority Board Authorizes Project Development Contracts on Three New Regional Roads

By Sam Lopez - NTTA - Thursday, Sept. 20, 2007
Plano, TX – At a regularly scheduled board meeting on Wednesday, Sept. 19, the North Texas Tollway Authority (NTTA) Board of Directors unanimously authorized project development services for State Highway (SH) 170 from SH 114 to IH 35W in Denton and Tarrant counties; SH 360 from Green Oaks Boulevard to United States (U.S.) 287 in Ellis, Johnson and Tarrant counties and the Dallas North Tollway (DNT) Phases 4 and 5 in Collin and Grayson counties.

The services for these projects were authorized to further the environmental clearance process for each corridor and fast track project development. Each contract will encompass preliminary concept development and analysis, schematic design, environmental documentation and public involvement support.

“Although the SH 170 and SH 360 projects are subject to the market valuation process outlined in SB 792, in the interest of keeping these critical regional projects moving forward, the NTTA board has authorized contracts in excess of $6,000,000 to bring each project closer to completion as we seek to solve our regional mobility challenges,” said NTTA Board Chairman Paul N. Wageman.

“This action demonstrates NTTA’s desire to fast track projects. We will continue to work with our regional partners to support the final delivery of these projects to the citizens of north Texas,” said Jorge C. Figueredo, NTTA Executive Director. “We recognize that a significant amount of work and study have already gone into each of these projects from our regional partners most notably the Texas Department of Transportation’s Fort Worth District.”

At their Sept. 19th meeting, NTTA board members emphasized NTTA’s strong commitment to working with its regional partners to deliver SH 170, SH 360 and DNT Phases 4 and 5. “We have been challenged to help ‘get them across the goal line’ and this reflects our commitment to do just that,” continued Wageman.

This initial section of SH 170 will be a new limited-access roadway in southern Denton and northern Tarrant counties. This 6.3-mile segment of the road will start at SH 114 and terminate at IH 35W; previously built frontage roads along the road will accommodate a toll road within the median. When completely built, SH 170 will extend from IH 35W to SH 199 in Parker County.

SH 360, a new limited access roadway in southeast Tarrant, northwest Ellis and northeast Johnson counties, is a 9.7-mile facility extending from Green Oaks Boulevard to U.S. 287. Northbound and southbound frontage roads along the alignment are open to traffic from Green Oaks Boulevard to the Southern Pacific Railroad (SPRR) crossing. A single frontage road on the west side of the alignment is operating with two-way traffic from the SPRR crossing to U.S. 287. The final phase of SH 360 will be from U.S. 287 to U.S. 67.

DNT Phases 4 and 5 will extend the DNT to meet the anticipated growth in northwest Collin, northeast Denton and southwest Grayson counties. DNT Phase 4, a six mile facility, will extend from U.S. 380 to Farm to Market (FM) 428. Collin County has already begun development of the future northbound service road that will open to traffic in 2008. DNT Phase 5 will further extend the DNT 11.6-miles from FM 428 to FM 121 into Grayson County.

Some seeking to curb state's desire for land

By Jay Root - Star-Telegram staff writer - Sun, Sep. 16, 2007
AUSTIN -- San Marcos' leaders weren't surprised to learn last year that a commercial real estate developer planned to pump $50 million into a shopping mall project along Interstate 35 south of Austin. It was going to be built near the city's booming factory outlet centers, the third most-visited site in Texas, so the profit potential was obvious.

What was a shock, city officials said, was the identity of the developer: the Texas General Land Office. The agency, flush with cash from oil royalty income, has been on a real estate buying binge since 2001, snapping up more than a half-billion dollars in property and entering into numerous deals with private developers -- some of them controversial.

Although many of the transactions are shrouded in state-sanctioned secrecy, available records show that the investments range from a $100 million Wal-Mart distribution center near Baytown, one of the world's largest warehouses, to a Bryan-area prison farm bought from clothing magnate Carlo Benetton for $15 million.

The land office, citing ongoing negotiations, has declined to release detailed records about its Tarrant County holdings, but Tarrant Appraisal District data show that the agency has acquired property worth more than $31 million in the last two years. Its use hasn't yet been determined.

But as San Marcos authorities found, the state does not have to adhere to the local requirements imposed on private developers, and any land it owns is exempt from property taxes used to fund schools and local services.

On the other hand, profits generated by the real estate holdings are injected into the $24 billion Permanent School Fund, which produces about $800 million a year for public education in Texas. And taxing jurisdictions can still impose levies on lease values and equipment even if the state-owned property is exempt.

Competition

For the fund's land managers, the growing real estate portfolio keeps the educational endowment -- the nation's second-largest -- diversified and modern. But some lawmakers are seeking to curb the state's appetite for real estate and return the school fund to safer, more traditional investments.

"I don't really believe that government, no matter whether it's local or state government, should be in the business of competing against private interests," said state Rep. Rob Orr, R-Burleson, who oversees the land office as chairman of the House Land and Resources Management Committee. "I think they should be into more-conservative investments."

Orr said he is drawing up plans to look into the state land deals in a formal legislative study, with an eye toward possible overhauls during the 2009 session of the Legislature. In the meantime, Land Commissioner Jerry Patterson, who leads the land investment team, says he'll continue to pursue sensible real estate deals. But there's already a shift in investment strategy at the land office -- away from direct purchases of real estate and toward institutional funds favored by other large endowments and pension funds.

Patterson said that over the last 18 months, the land office has injected $842 million into externally managed funds, more than it has spent on all direct real estate purchases in the last six years. But the active land deals have generated the most controversy. This week, the land office is expected to receive bids for the sale of a 9,269-acre tract containing the Christmas Mountains in far West Texas. Environmentalists have protested, saying the land -- given to the state by a conservation group -- should stay in state hands.

Likewise, the Great Plains Restoration Council, a Tarrant County environmentalist group, wanted to preserve a 1,983-acre undeveloped swath off Old Granbury Road near Crowley. Patterson has agreed to give Great Plains more time to come up with the money to buy the tract. But Patterson makes it clear that the price will be considerably higher than the $21 million the state paid in 2005.

"I'm not in the park business. I'm in the moneymaking business," Patterson said. "If somebody that's in the park business wishes to buy it, then that's fine." Given the hefty price, though, Patterson said it is more likely that only a portion will remain undeveloped.

A tough politician

Blunt talk like that is a Patterson trademark. A Marine and Vietnam War veteran, the Republican has never lost his taste for combat, even if the battlefield has shifted from Southeast Asia to the rough-and-tumble world of Texas politics. When allies of Democratic presidential contender John Kerry went to Crawford to raise a stink about 2004 ads critical of the Massachusetts senator's war record, President Bush dispatched Patterson to greet them outside his ranch.

Patterson's attachment to the land office's mission is well-documented. When he first ran for the office, in 2002, Patterson promised to seek re-election in 2006 to stress that, unlike his predecessors, he wasn't using the post as a steppingstone to higher office. Patterson has since taken to the school fund's profit-making mission with a Southern preacher's zeal.

For San Marcos officials, the sudden appearance of a tax-exempt real estate speculator was unwelcome. Already, 25 percent of the property in the city is tax-exempt, they said, and here was a new tax-exempt parcel in the middle of one of Texas' hottest real estate markets.

Alarmed at the prospect of losing more property tax revenues and power to oversee and approve the mall development, estimated at $50 million in local media accounts, city officials went to see Patterson and the real estate portfolio managers at the land office about a year ago. City Manager Dan O'Leary describes the meeting as "an ambush." He said officials told him bluntly that profiting from state exemptions on taxes and regulations was "exactly what they intended to do."

"The reaction was basically, 'Well, yeah, we're the state,'" O'Leary recalled. "'Why would we want to take away our competitive advantage?'"

Limiting access

The land office has since begun to pull out of the mall deal and is selling the 113-acre tract to Direct Development, the private developer that was supposed to join the state as a partner in the project, officials said. The land office won't say how much it's selling the land for, but O'Leary said it is at a "highly inflated price." Calls to Direct Development were not returned.

After the deal fell through, O'Leary and San Marcos Mayor Susan Narvaiz pressed the Legislature to enact changes that would give local governments a more powerful voice in land office deals. Instead, O'Leary said, he walked into another ambush.

Rather than giving cities more input, the Legislature passed new exemptions -- over vociferous objections from San Marcos officials -- that allow the land office to further limit public access to key land transaction records, such as appraisals, deeds and purchase orders. The law, which took effect in June, seals the records until all transactions -- such as development contracts and ongoing subdivisions sales -- are completed.

Testifying at a legislative hearing in February, Narvaiz said the date on which public access is granted "could effectively be 'never' under current development practices." State Rep. Patrick Rose, D-Dripping Springs, who represents San Marcos in the Legislature, called the new law a "bad idea on its face."

"The state's business is the people's business," Rose said. "To take this out of the sunshine of open records just doesn't make sense. It makes a problem that's bad, I think, worse."

Patterson calls the public access issue a "red herring." He said that in the San Marcos deal, the land office went out of its way to notify city officials in advance, and he described the mayor as a "hard-to-please lady." Patterson also said all the same documents that were available before the law took effect will still be made public -- just not as quickly. Meanwhile, the new law will ensure that potential buyers can't use government sunshine laws to get key cost and sales information, and gain a competitive advantage, in state deals.

A cash advantage

The Legislature created the school fund in 1854, endowing it with $2 million in cash and millions of acres of Texas land. Any income from oil and gas royalties were deposited into the endowment, and that money was generally used to buy stocks and bonds.

That all changed in 2001, when lawmakers passed a bill directing oil and gas royalties into an escrow account that can be tapped for real estate investments.

By 2007, with the price of oil more than triple the $22 it fetched in 2001, over $2 billion had flowed into the escrow account.

The elected State Board of Education manages the school fund's cash and traditional investments. The real estate holdings, by contrast, are overseen by the three-member School Land Board, made up of Patterson, who is the chairman, and two appointed members.

The land escrow account had about $372 million at the end of July, much of it committed to deals, but Patterson said he sends at least $6 million a month to the money managers at the education board.

Objections from local authorities about lost tax revenue have nixed some land deals, but the ever-replenishing fund and its ability to hold something tax-free forever make the school fund a unique and influential player in the state's commercial real estate market.

"The biggest advantage is, we have large amounts of cash," Patterson said. "And we can stay for the long haul."

By the numbers

$2 million: Permanent School Fund's starting balance, in 1854

$22.9 billion: School fund's balance as of August 2006

$2.03 billion: Oil and gas royalty money available for real estate buys since 2001

$532 million: Value of real estate acquired by school fund since 2001

768,012: Number of acres of Texas land owned by school fund

10.44: Percent increase in school fund's value from 2005 to 2006

Sources: Texas Education Agency, General Land Office

Property of the government

At $24 billion, the 153-year-old Permanent School Fund is the nation's second-largest educational endowment; it doles out some $800 million annually to Texas public schools. Fund managers invested almost exclusively in stocks and bonds until 2001, when the school fund began gobbling up commercial real estate. Since then, the General Land Office has acquired over $500 million of property and struck several deals, some of them controversial, with private developers.

A look at some of the largest:
Sugar Land mixed use, 2002

Price: $52.2 million

Acreage: 4,917

Description: In state hands for decades and home to a prison farm, most of this school fund property has been sold, generating profits of $41 million so far. Now the fund is working with Raleigh, N.C.-based Cherokee Investment Partners in a development that will include housing, retail and office space on about 900 remaining acres near the site of the old Imperial Sugar factory.

Buffalo Ranch Prison Farm, 2003

Price: $14.9 million

Acreage: 11,002

Description: In Burleson County near Bryan, this property is the site of a new state prison farm where inmates grow cotton for their own uniforms. It replaces a prison farm in Fort Bend County. The fund bought Buffalo Ranch from clothing magnate Carlo Benetton. The Texas Department of Criminal Justice leases the farm from the fund for $753,000 a year.

Austin Triangle, 2004

Price: $8.9 million

Acreage: 33

Description: Among the last large tracts of undeveloped land in central Austin, the Triangle project -- a residential and retail complex just north of the University of Texas at Austin -- was conceived in the 1990s as the land office's first and largest for-profit land and development venture in modern times. About 7.5 acres of it were sold, and lease payments totaling $4.7 million have been received so far.

Wal-Mart distribution center, 2005

Price: $100 million

Acreage: 474

Description: At 4 million square feet, enough to hold 70 football fields, it's said to be the largest U.S. distribution center dedicated to one company. The state owns the land and building, and the school fund stands to make at least $303 million from its 30-year lease. It's the largest land deal in the fund's history, and it reportedly gave Wal-Mart its largest tax break ever -- about $70 million -- though Wal-Mart still pays over $4 million annually in business property taxes.

Sources: Texas Education Agency, General Land Office
Read more in the Fort Worth Star Telegram and see Excel Spreadsheet of known acquisitions.

Flaws found in many bridges

By Gordon Dickson, Anthony Spangler and Jeff Claassen - Star-Telegram staff writers - Fri, Aug. 03, 2007
Twenty-three bridges in Tarrant County fared worse in their most recent inspections than the bridge that collapsed Wednesday in Minneapolis, a Star-Telegram review of federal records shows.

A few have been repaired or replaced since the inspections. The low scores for the others don't necessarily mean the bridges are in danger of crumbling, officials cautioned.

"Texas bridges are safe," Randy Cox, director of the Texas Department of Transportation's bridge division, said Thursday. "If it gets to the point where we find a bridge can no longer safely handle a load, we close that bridge."

Nonetheless, inspectors hired by the state to conduct routine examinations of the bridges found an assortment of potential problems, including damage to piers, footings, railings and decks.

Some of the bridges are along busy commuting corridors, including:

The Texas 10 bridge over Northeast Loop 820 in Hurst, where motorists headed toward Hurst Boulevard or Baker Boulevard often feel the pavement shaking as big rigs roll by.

The historical Main Street bridge over the Trinity River near downtown Fort Worth, one of the region's oldest transportation landmarks.

The reports are included on a National Bridge Inventory database kept by the Federal Highway Administration. They include details of the most recent safety inspections, from 2004 to 2006. The database may not reflect current conditions.

The data show that 12.4 percent of the nation's nearly 600,000 bridges were rated "structurally deficient." In Texas, 4.5 percent of the nearly 50,000 bridges were deemed structurally deficient, as were 2.7 percent of Tarrant County's roughly 2,700 bridges.

The state Transportation Department declined to comment on specifics about the Tarrant County bridges. Agency officials said they have asked the state attorney general's office for an opinion as to whether bridge inspection records must be made public under freedom of information laws. The reports contain information that might help terrorists, a spokeswoman said.

Some of the bridges have been repaired, including a Keller Smithfield Road bridge in Keller and a Pipeline Road bridge in Hurst. At least one, the Duncan Perry Road bridge over Interstate 30 in Arlington, has been rebuilt.

Each bridge receives a sufficiency rating -- computed by a formula that considers dozens of factors noted during an inspection -- with scores from zero to 100. A score of 80 or less indicates some rehabilitation may be needed; a 50 or less indicates replacement may be in order. The Minneapolis bridge had a sufficiency rating of 50, according to federal bridge inventory data.

The data also rate a bridge's components on a scale of 0 to 9. A zero represents a failure, and a 9 is excellent; 6 is satisfactory; 5 is fair; 4 is poor; and 2 is critical.

Inspection ratings

The Minneapolis bridge was inspected in 2005 and scored a 4 for its structural members -- typically the support system between the pavement and the piers or footings.

It received a rating of 6 for its substructure, which includes "piers, abutments, piles, fenders, footings or other components," according to federal documentation. The deck -- or pavement, sidewalks and rails -- was rated 5.

The Star-Telegram reviewed records of more than 1,000 bridges in Tarrant County and found that 23 were considered structurally deficient and had earned sufficiency ratings lower than the Minneapolis bridge.

The Main Street bridge across the Trinity River in downtown Fort Worth has a sufficiency rating of 33.8, according to a March 2005 inspection. The deck and substructure were rated satisfactory, but the superstructure was rated poor.

The scouring, or effect of erosion on the bridge's foundation, was not inspected, according to the federal inventory data.

About 14,000 cars cross the bridge, which was built in 1914, each day, according to 2004 estimates included in the inspection records.

Fort Worth last repaired the bridge in the late 1980s and took X-rays of the entire structure, said George Behmanesh, the city's assistant director of transportation and public works.

"Although the rating is low, that bridge is safe because it is way overdesigned," he said. "It has huge columns. If it were a standard modern bridge, we would be concerned about it."

The Seventh Street bridge over the Trinity and Forest Park Boulevard scored even lower -- 33.2 -- and its deck and substructure were rated fair. Its superstructure received a poor rating, which can include "advanced section loss, deterioration, spalling or scour," federal records show.

An estimated 19,000 cars cross the bridge daily, according to 2004 figures.

Repairs planned

Fort Worth is negotiating with Transportation Department officials to repair the Main Street bridge and replace the Seventh Street bridge, Behmanesh said.

"Both of those bridges were designed and built during a time when they poured an excessive amount of concrete," he said. "There is some erosion and cracks, but because of the size of the columns, we are in good shape. That's what saving our necks."

Behmanesh said the city recently closed a bridge in far north Fort Worth in Denton County. He said the Litsey Road bridge, which crosses Henrietta Creek, was closed because of its poor condition.

"We are willing to close a bridge if we feel it is unsafe," he said.

The Texas 10 bridge over Northeast Loop 820 in Hurst carries more than 11,000 cars daily. It scored 48.8, just below the rating of the Minneapolis bridge.

The inspection data did not include counts for the nine lanes of traffic beneath the Texas 10 bridge -- which, if it collapsed, could cause numerous fatalities and create a rush-hour nightmare comparable to what happened in Minneapolis.

Th Texas 10 bridge, built in 1963, received a poor rating for its deck and a fair rating for its substructure.

Inspection intervals

The Transportation Department hires contractors to inspect bridges at least every 24 months, and that work is supervised by a professional engineer, Cox said. Texas has far more bridges than any other state.

Bridges over bodies of water at least 4 feet deep are also inspected at least once every five years by a specially trained dive team, he said.

In June, state officials announced that they would transfer more than $6 billion from the new-construction fund to the maintenance fund to get more life out of the aging highway system, including bridges.

"The challenge for Texas is that, as our system ages, demand is increasing," agency spokesman Chris Lippincott said.

An outside expert reiterated the state's assertion that Texas bridges are safe.

Most bridges frequented by Texas motorists have redundant support and likely would remain standing even after severe damage.

Therefore, bridges that fare poorly in inspections are probably not a public danger, said Todd Helwig, who is researching ways to strengthen bridges at the University of Texas at Austin.

"I know people are going to be worried whether they should drive across a bridge, but I don't bat an eyelash," he said.

By the numbers

49,829 Number of bridges in Texas as of September.

2 Number of years between bridge inspections; some are evaluated more often.

5 Years between inspections of underwater foundations and columns.

2011 Year by which Texas hopes to have 80 percent of its bridges in good condition or better.

288 Bridges a year that need to be improved to meet the goal.
Read more

Tarrant Co. Bridges Ruled Structurally Deficient - backlog of structurally deficient bridges in need of repair has become a national crisis.

Robert Riggs - CBS News 11 - Aug. 3, 2005
(CBS 11 News) FORT WORTH The CBS 11 Investigators have learned the locations of all structurally deficient bridges in Tarrant County.

The Texas Department of Transportation refused to release the information, citing Homeland Security limitations, but the information is freely available through the Federal Highway Administration.

Click here to see a list of Tarrant County bridges that are structurally deficient according to the Federal Highway Administration.

Many of the bridges cited in Tarrant County cross major highway arteries including:

The east and westbound lanes of the Highway 183 bridges over Loop 820

The bridge where the northbound lane of Interstate-35W crosses over Highway 121

The west frontage road of Highway 360 over Interstate-30

Geoffrey Orsak, Dean of Engineering at SMU, says the backlog of structurally deficient bridges in need of repair has become a national crisis.

Orsak says "Just like any of us at home, we often want to defer maintenance on whether is the dishwasher or the toilet and got and buy that new TV. And the same thing happens with our infrastructure. It's just not that sexy to spend money on maintenance."

Friday, state inspectors from the Fort Worth District of the Texas Department of Transportation started checking out bridges in a nine county area. They focused on steel arched bridges like the one where Lancaster Avenue crosses over a branch of the Trinity River east of downtown Fort Worth. It's similar to the one that collapsed in Minneapolis.

Inspector Rocky Armendariz hammered and listened for a hollow sound that could signal a weak foundation. "We have a feel for how bad or how serious a problem might be getting. It gives us a good feel," says Armendariz. "We know our bridges."

The Lancaster Avenue bridge was once listed on the structurally deficient list but it was rehabilitated nine years ago. Inspections are not foolproof. Minnesota was ranked as the second best bridge testing state in the nation, yet it was the scene of this week's deadly collapse.

A 2001 study by the U.S. Department of Transportation found inspections were all over the map. Sixty-percent of the inspectors tested did not correctly identify cracks in test bridges.


Read story view video © CBS Broadcasting Inc

Bureau of Transportation Annual Report Transportation Statistics Dec. 2006

RELATED STORY: Dozens of N. Texas Bridges Structurally Deficient

Tolls could open HOV lanes to solo drivers - Dallas, Houston exploring options for pay as you go

By MICHAEL A. LINDENBERGER - The Dallas Morning News - Friday, July 27, 2007
SUGAR LAND, Texas – Psychologist Anthony Rogers regularly finds himself working in Houston – driving solo and stuck in traffic.

Car-poolers and buses zip by in the High Occupancy Vehicle lanes, only furthering his stop-and-go frustration.

"I look over at the HOV lanes and think, 'There's plenty of room over there. I'd be willing to pay to use that lane,' " Mr. Rogers, a San Antonio resident, said as he finished a cup of Starbucks in this booming suburb south of Houston.

He may soon be able to do just that. And by next year, some Dallas drivers will, too.

On Thursday, the Texas Transportation Commission gave a hearty amen to Houston-area transit officials' plan to convert five of their six HOV lanes to tolled lanes.

If the plan is approved – and it could be presented to the commission as soon as next month – solo drivers in Harris County, like Mr. Rogers, will be able to pay for an easier commute.

Dallas catching up

HOV lanes are less common in Dallas than in Houston, where their use has steadily expanded for nearly 20 years. But the Dallas area is catching up fast. New HOV lanes will open on Interstate 30 from the Dallas-Tarrant county line to Loop 12 at 6 a.m. Tuesday. Other HOV lanes are set to open this fall along Central Expressway, and an existing lane on the LBJ Freeway will be extended by September, Dallas Area Rapid Transit officials said.

Plans to make Dallas-area HOV lanes paid lanes are in the works. By next year, HOV lanes along I-30 between Arlington and Dallas will become the region's first such paid lanes, TxDOT spokesman Mark Ball said.

Houston plan praised

But Houston's more sweeping proposal to convert all but one of its lanes to pay-as-you-go won enthusiastic response from the Texas Transportation Commission at its meeting in Sugar Land on Thursday.

"This is very visionary, and I think the rest of the state will be watching," said Commissioner Hope Andrade of San Antonio. Other commissioners had similar reactions.

The commission sets highway policy in Texas and governs the Texas Department of Transportation.

The conversion in Houston could cost $50 million and take a year or more, and officials from METRO, the Harris County counterpart to DART, haven't formally decided to make the switch. But plans to do so are far along.


Strong endorsement

Carlos Lopez, traffic operations director for TxDOT, told the commissioners Thursday that a formal request could appear on their agenda as early as August.

"It's almost a no-brainer," Mr. Lopez said after the meeting. HOV lanes have extra capacity, he said, so they should be monetized to let solo drivers pay to use them. Drivers in the regular lanes will benefit, he said, because the paying drivers will be gone.


Dallas-area officials haven't indicated what they'll charge drivers on the new HOV lanes along I-30 when they become paid lanes next year. Lone drivers will likely pay twice as much as two-person car-poolers, and vehicles with three or more passengers will be free, DART officials have said in the past.


It won't be cheap

Solo drivers in Houston will pay a steep price to ride on the HOV lanes.

Mr. Lopez said they'll likely pay as much as $4.50 each way during peak hours. During less busy times, it may be as low as $1.25, he said.

Mr. Lopez cautioned, however, that rates will depend on how popular the lanes are with solo drivers. The top rate will have to be high enough, he said, to prevent too many solo drivers from crowding the lanes.

TxDOT officials said peak pricing in Orange County, a suburban area near Los Angeles, runs as high as $9 each way.


The market rules

Commissioner Ned Holmes said Houston's use of so-called "congestion pricing" to regulate traffic is one of the best aspects of the plan. He said the strategy is a way to use market forces to help regulate traffic.

Not everyone is singing hallelujahs over what critics describe as "Lexus Lanes" for the wealthy, however.

The new lanes, often called High Occupancy Toll, or HOT, lanes, are in use or in the works in a handful of other communities across America, including Northern Virginia.

Arlington County, Va.'s, Chris Hamilton said he's not sold on them. HOV lanes there have worked, and he's worried that allowing solo drivers to use them for a fee will ruin them.

"I am not convinced there is excess capacities in the HOV lanes," said Mr. Hamilton, a frequent blogger about commuting who also works for the county encouraging commuters to car-pool and use transit.

"One person's excess capacity is another person's congestion.

"We're concerned that the new lanes will just lead to more congestion for the folks who are already van-pooling and using transit.

"We don't want those people to get mired into heavy traffic once these hot lanes start."

Officials from Harris County and TxDOT said they'll give the HOT lane idea a lot more study before approving it anywhere in Texas.
Read more

Tolling in Fort Worth TxDOT Region

By Faith Chatham - Aug. 3, 2007
Texas Department of Transportation lists road and brige projcts, including current tolled projects, by district on their website KEEP TEXAS MOVING. Each TxDOT District has a separate webpage accessible from the TxDOT Keep Texas Moving Page.

A lot of information is available about projects in the district from this page. If you are researching a particular road project, scroll down the right side bar on the DFW Regional Concerned Citizens Page and check SPECIFIC PROJECTS for other links. Frequently we link to presentations at public hearings, engineering specs, drawings, environmental studies and other information there by project.

The Fort Worth TxDOT District includes Erath, Hood, Jack, Johnson, Palo Pinto, Parker, Somervell, Tarrant and Wise counties. The District Homepage provides links to Construction Projects, Contractor Information, Transportation Studies. Citizens can see the etails on the contracts let in two sections on that site:
MONTHLY STATE LET CONSTRUCTION REPORT by month and Letting Schedules for Constuction.

These reports show the contractors and subcontractors for all TxDOT projects in the Fort Worth District, date work began, working days charged, additional days granted, and date completed. There are also links to similar information on maintenance in the District.

Projects under construction and in planning are shown on the TxDOT Keep Texas Moving Fort Worth District page.

Currently they have links to five projects:
Colleyville Boulevard - SH 26

Right-of-Way Acquisition is Underway
TxDOT is well underway in the process of acquiring the right-of-way necessary for the SH 26 widening project. The Department has contacted the affected property owners along the highway corridor for the purpose of: 1) informing them of the State's intent to acquire right-of-way for the project, and 2) educating the property owners about the process that will be followed in acquiring the right-of-way. A team of appraisers has also been at work appraising the affected properties to determine "Fair Market Value".

When Will Construction Begin?
Construction is currently slated to begin in Fall 2009. However, that date could change depending on the amount of time it takes the State to acquire over 200 right-of-way parcels necessary for the project. Once the right-of-way is acquired, utilities, such as water lines, phone lines, and power poles, must be relocated to accommodate the highway widening.

Highway 377 Reconstruction

TxDOT’s Fort Worth District is currently planning improvements for the widening of U.S. 377 from FM 51 to FM 167 South from four lanes to a six-lane divided highway. It will include interchanges at SH 144 and Business 377, as well as the widening of the Lake Granbury Bridge. In addition to the highway widening, the project will include drainage structures, traffic signals, bridge widening, pavement markings and signage.

The U.S. 377 reconstruction project is not funded at this time. It is still in environmental review and preliminary design. After the environmental document and geometric schematic are further refined, they will be reviewed by TxDOT and the Federal Highway Administration (FHWA). Once approval for further processing is received from the FHWA, a public hearing will be scheduled.

DFW Connector

The DFW Connector is a TxDOT project dedicated to improving mobility along SH 114 and SH 121 in a safe, efficient, reliable and environmentally sensitive manner.

The DFW Connector is committed to working in partnership with corridor communities, roadway users and other interested parties to accelerate construction on this corridor.

North Tarrant Express

There are Project Studies for 6 segments on the website. The North Tarrant Express is dedicated to improving mobility along North Interstate 35W, Northeast Interstate 820 and SH 121/183 Airport Freeway through a regionally supported managed lane system. This corridor is important to the future of North Tarrant County – the fastest growing area in North Texas.

North Tarrant Express is committed to working in partnership with corridor communities, roadway users and other interested parties to accelerate construction on this corridor.

Southwest Parkway

The SH 121/Southwest Parkway project will be a new four- to six-lane divided toll road which will extend about 15 miles from Interstate 30 to Farm to Market Road 1187. The goal of this project is to improve mobility and air quality in southwest Tarrant County.

SH 121/Southwest Parkway will continue with a 14-mile toll project on a new location in Johnson County from FM 1187 to US 67 in Cleburne, also known as Chisholm Trail.

Construction is tentatively scheduled to begin on both projects in 2008/2009 and end in 2011.

This project has been in the planning stages since the 1960ies. It was funded as a non-tolled boulevard in the 1980s and identified as a project which was a good candidate for tolling in the 1990ies. It has evolved into a tolled freeway. Environmental documents and the Environmental Assessment are on line. There are also links to NTTA and NCTCOG.

The MPO or Municipal Planning Organization for this region is the NCTCOG.

State Infrastructure Bank Loans for transportation projects in the Fort Worth District are listed on the Fort Worth Keep Texas Moving page.

The goal of the SIB program is to provide innovative financing methods that add to the list of options available to communities to assist them in meeting their infrastructure needs. The SIB program allows borrowers to access capital funds at, or lower than, market interest rates.

Four Projects are listed in the Fort Worth District at this time, three in Parker County and one in Wise County. Of special interest is the "Improvements along I-20 - New Frontage roads - SH 171 & FM 51 which is to utilize pass-through toll financing to help acelerate project delivery by up to 10 years." The project is described as "Contstruction of SH 171 & FM 51 New Frontage roads south along I-20 to provide rural access to surburban areas and to reduce congestion and delays and improve air quality by allowing traffic to move more efficiently. It is listed as "Improvements to I-20.
Loan estimate: $52.4 Million.
Start date: 10/01/1007
Borrower: Wise County, TX.

The two other projects in Parker County are in the City of Weatherford. The US 180 Improvement project loan for $240 thousand was approved in August 2003 on an estimated $2.1 million dollar project. This poject is for widening one mile of FM 2552to 4 lanes with a turn land and relocation of utilities. The City of Weatherford borrowed $193.52 thousand for eleven years at 4.2% interest.

The City of Weatherford also borrowed $240 thousand for ten years at 3.8% to improve US 180, relocate utilities due to bridge and approaches replacement of US 180 overpass. This est. 7.3 million project is in planning.

In Wise County a loan was approved in March 2004 for US 380 Expansion. Work is underway for utility relocation on US 380. The project is estimated to cost $34.6 million and Wise county borrowed $4.1 million from the State Infrastructure Bank at 4% interest for 20 years on this project.

NTTA on road to more tolls - North Texas Tollway Authority set to expand vision, role with new projects

By MICHAEL A. LINDENBERGER - The Dallas Morning News - Sunday, July 22, 2007
The North Texas Tollway Authority's second decade promises to be nothing like its first.

Today, at age 10, NTTA is promising to expand its focus beyond Dallas and Collin counties to mesh with state and local plans that will radically increase the number of toll roads in North Texas.

As a result, the authority is poised to exert more influence than ever before over the way North Texas drivers get from one place to another.

"I call it the maturing of the NTTA," said Michael Morris, transportation director for the North Central Texas Council of Governments. "Ten years ago, the NTTA's attitude may have been, 'We'll do a few projects, but we're not interested in managed lanes, or electronic toll roads. We basically build these big fat cash lanes.' " But that's changing fast, Mr. Morris said.

In addition to building the 26-mile State Highway 121 toll road, NTTA has been asked to build or operate at least five other toll roads, and will partner in several other "priced" projects such as pay-to-use HOV lanes.

Critics: Change needed
Critics caution, however, that as NTTA plays a bigger role in solving transportation problems, it will need to do a better job of paying attention to the whole region.

"I have nothing against them, except for their history," said Denton City Council member Pete Kamp, who said NTTA has long ignored Denton and Tarrant counties. "They are telling us that they are now going to be, and I trust them to be, good to their word. But in the past they've simply been in Dallas and Collin counties."

Bill Hale, the engineer in charge of the Dallas district of the Texas Department of Transportation, said North Texas' transportation solutions have long depended on pooling resources from the state, the region's elected officials and the toll authority. "It's a three-legged stool, and everyone has a role to play," he said.

If that's true, NTTA's leg is about to get a lot stronger, as Mr. Hale conceded in an interview last week.

And that means it will be under more scrutiny, said Mike Nowels, a former Regional Transportation Council member from Lewisville. Answerable only to an independent board of directors, the authority has had too little oversight, he said.

"Does the Dallas North Tollway from [Interstate] 635 south into Dallas, is it really up to standards? Is it anywhere close?" Mr. Nowels asked. "Why hasn't the tollway authority invested in fixing it? It's gridlock every morning and gridlock every evening – and it's been that way for 20 years."

Optimism
NTTA officials and Mr. Morris said negotiations over Highway 121 are well ahead of schedule. An agreement is expected to be ready before the Texas Transportation Commission meets in Sugar Land on Thursday – a month before the deadline.

If the deadline is not met, the contract will go to Cintra, the Spanish firm that won preliminary approval in February to build the road.

Many of the Regional Transportation Council members who voted to let Cintra keep the contract said they now think NTTA will do a good job.

Mesquite City Council member John Heiman Jr. said many of the "no" votes were cast in opposition to the way NTTA was allowed to make a late bid after Cintra had been named the preliminary winner.

"I didn't vote against the NTTA; I was simply opposed to the process. It was awful," Mr. Heiman said.

Most RTC members have put the differences over Highway 121 behind them and are focused on building the region's badly needed roads, he said.

"There is so much need – and I am not talking about wants, I am talking basic needs of transportation – we're going to need a big head of steam to get it all done," Mr. Heiman said.

Mr. Morris said NTTA must be given the support it needs to live up to its commitments on Highway 121 and other roads it has promised to help build.

"We want them to succeed," Mr. Morris said. "We're going to do everything we can to assist them."

NTTA chairman Paul Wageman said board members have benefited from criticism.

"I think it has been very instructive, and we're changing," Mr. Wageman said. "We're having to grow and adapt to a changing environment. Perhaps we were a little slow to adapt to that as a board, but the board is now fully focused on our road ahead."

That path ahead, he said, includes an increased focus on communities in Tarrant and Denton counties who have long felt ignored by NTTA.

Higher tolls ahead

Still, what has changed most of all is not NTTA, but the way local officials and transportation planners have so enthusiastically embraced tolling as a road-building strategy.

That would have been hard to imagine in June 1997, when the Legislature voted to create NTTA.

Former Dallas County Judge Lee Jackson helped lead the charge to persuade lawmakers to dissolve the Texas Turnpike Authority and replace it with NTTA.

At the time, the authority's only job was to maintain the Dallas North Tollway and collect millions of dollars in tolls. In time, it used those funds and others to build the President George Bush Turnpike, and has since embarked on a handful of other, smaller projects.

But Mr. Jackson, chancellor of the University of North Texas system since 2002, said the philosophy about the role of toll roads in the highway system a decade ago barely resembles what has emerged since the Highway 121 debate began.

"When the NTTA was formed, the idea was that every toll road would be built and operated to the lowest possible cost to the drivers," Mr. Jackson said. "The idea was to set the smallest possible toll rates."

These days, the idea is to set the toll rates high enough to create a rich revenue stream that can be used as collateral for massive upfront loans from banks or bondholders.

In the Highway 121 case, for example, NTTA has promised to pay the state $3.3 billion in cash to help finance a stream of other North Texas projects. The money will come from the sale of bonds secured by future toll revenue that exceeds what is needed to build and operate Highway 121 in Denton and Collin counties.

"Obviously money talks," Mr. Jackson said. Still, he said the new approach is necessary because of the paucity of funds from more traditional sources such as state and federal gas taxes.

Mr. Morris agreed.

"We're in such a financial crisis when it comes to transportation that the gas taxes are basically paying for the maintenance of the roads we already have," Mr. Morris said. "Ten years from now the only improvements we will be able to make will be the ones that are paid for by toll roads."

Fairness of toll rate
Some local leaders say they can stomach the increasing number of toll roads. But they say it's wrong to abandon the old policy of keeping toll rates as low as possible.
Frisco City Manager George Purefoy is among them. It's bad enough, he said, that Frisco's two main avenues to the rest of the Dallas-Fort Worth area – Highway 121 and Dallas North Tollway – both will be tolled.

But what's worse, he said, is that Frisco drivers will be paying artificially high rates just so NTTA can borrow the billions it has promised to pay upfront. He says the higher toll rates amount to an extra tax on drivers unlikely to use the roads on which the extra money is spent.

"Everyone wants to keep focusing on how much money the region is getting from this project, and no one seems to care how much more drivers are going to have to pay," he said. "Our drivers are going to have to pay a toll, an extra tax and then the gas tax, too."

The Frisco City Council is considering filing suit to try to block the toll road, Mayor Mike Simpson said, but no decision has been made.

Last week, Mr. Morris said that legal threat could make it more difficult for NTTA to close the Highway 121 deal within the deadline.

In the meantime, drivers may need to get used to paying higher tolls – a price transportation officials such as Mr. Morris said is needed if residents want to ease the congestion that continues to clog North Texas roads.

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TxDOT Transportation Planning Meeting for Elderly and Persons with Disabilities June 7, 2007

The Texas Department of Transportation (TxDOT) is inviting the public to a meeting to discuss transportation services for the elderly and persons with disabilities in our nine county area on June 26, at 1:30 p.m. in the TxDOT Regional Training Center. The training center is located at 2501 Southwest Loop 820, Fort Worth, TX 76115.

The meeting will serve as an opportunity to discuss current and future plans for the 2008 fiscal year, which begins September 1 and ends August 2008. Transportation services for the elderly and persons with disabilities within TxDOT’s Fort Worth District are offered in these counties: Erath, Hood, Jack, Johnson, Palo Pinto, Parker, Somervell, Tarrant and Wise.
NEWS RELEASE

I-35W Pavement Overlay Starts June 10th

TxDOT - June 8, 2007

WHERE: Interstate 35W from Pharr Street to the Denton County line

WHEN: 8 p.m. to 5 a.m., Sunday through Thursday

WHAT: An asphalt pavement overlay will be placed on Interstate 35W. This night work will be a moving operation that will require crews to close various lanes. Weather permitting, it is estimated for completion by this winter.

“Our intent is to limit work areas to less than one mile and to work at night to minimize the inconvenience to the traveling public,” said TxDOT North Tarrant County Area Engineer Ralph Browne.
NEWS RELEASE

SH 199 construction begins this week

TxDOT - June 13, 2007

TARRANT COUNTY – Work begins this week on the reconstruction of State Highway 199 from Farm-to-Market Road 1886 to Denver Trail. The $31.7 million project will include the reconstruction of the frontage roads, new signals, traffic cameras and dynamic message signs.

The 4.25-mile project is estimated for completion by winter 2009. The Texas Department of Transportation (TxDOT) awarded the project to Texas Sterling Construction of Houston. The improvements are expected to improve safety and better manage traffic flow. The project will also establish a clear footprint for the future highway main lanes when traffic warrants and funds become available.

“SH 199 is an important arterial roadway for northwest Tarrant County,” said North Tarrant County Area Engineer Ralph Browne. “By rebuilding the frontage roads and preparing for continued growth, TxDOT is addressing the current needs while planning ahead for future increases in traffic.”

Project daily lane closures are accessible at: www.txdot.gov, KEYWORD: Road Conditions
NEWS RELEASE

Still hope for transit expansion

Sales tax funding plan derailed in Legislature,
but regional coalition is set to try again in 2009
By MARICE RICHTER - The Dallas Morning News - Friday, June 8, 2007

Area transportation advocates are disappointed by the failure of legislation that could have expanded rail transit in North Texas, but they aren't giving up hope.
Instead, meetings and discussions have already begun to regroup and develop a new strategy to target the Texas Legislature in 2009.
"I wish we didn't have to wait two years," said Mark Enoch, chairman of the DART board. "But I think we will get it next time. For a first effort, we did very well. We got the bills out of two committees and onto the floor."
A coalition of more than 100 local entities – including city councils, county commissioner courts and chambers of commerce – endorsed a plan that would have allowed local-option elections on raising the state sales tax cap by up to 1 cent to pay for transit expansion.
Efforts by Rep. Fred Hill, R-Richardson, and Sen. John Carona, R-Dallas, to push this plan through as legislation died on the House floor near the end of the session.
Some Tarrant County officials said they may try to explore other funding options for new passenger rail lines. However, most area transportation leaders said research has shown that sales tax remains the best way to finance an estimated $3.5 billion to $5 billion in rail improvements needed in North Texas.
...
As local leaders begin regrouping, a top priority will be to counter opposition to the local-option sales tax plan. They said opponents succeeded in derailing the plan in the last session.
...
Opponents have argued that higher sales tax in North Texas would hinder the region's competitive edge in business. Detractors also suggested that cities that want to join a rail authority could redirect funds from their economic development and crime control districts rather than raise sales taxes beyond 8.25 percent.
The local-option plan would have allowed cities to raise the sales tax up to 9.25 percent. It also would have allowed cities that are already part of a transit authority such as Dallas Area Rapid Transit to raise their sales tax by 1 cent to create economic development or crime control districts, officials said.
Since Grapevine voters recently agreed to join the Fort Worth Transportation Authority, known as "The T," there are only a few small cities left in North Texas that can still ask voters to raise their sales tax rate to join a transit authority.
A recent survey of area cities found that most have economic development and crime control tax dollars tied up in long term bond-indebtedness that will take 15 years or more to repay.
"It would take too long for all those cities pay off that debt and then hold elections to pull out of their other districts," Mr. Humann said. "By comparison, we can accomplish a lot more a lot quicker if we can get the plan we have approved by the Legislature in two years."
In the meantime, transit agencies can spend their time on right-of-way acquisitions and seeking federal grants to help defray costs, officials said.
Tarrant County transportation officials said they may look at the possibility of creating tax-increment-financing districts or using property taxes to jump-start some new rail corridors or add more stations to a line being developed between southwest Fort Worth and Dallas/Fort Worth International Airport. "Sales tax is still the best option for financing regional rail," said Vic Suhm, executive director of the Tarrant Regional Transportation Coalition. "But we'll consider any other forms of financing to open up some new corridors."

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NTTA proposes having 121 built by 2012

By Danny Gallagher, Staff Writer - Plano Star - Sunday, June 03, 2007

The proposal for the North Texas Tollway Authority submitted Friday to the Regional Transportation Council said it can have State Highway 121 built in five years.

The 1,000-plus-page proposal, released by the NTTA on Friday, proposes splitting the construction of the roadway into four segments and completing the entire project by 2012 if the state awards the NTTA the construction project.

Construction would take place between Denton Creek and Hillcrest Road, Hillcrest Road and Watter’s Road, Watter’s Road and east of the U.S. 75 intersection and the Dallas North Tollway and the SH 121 interchange. The total design phase for the project would take place between July 1, 2007, and Feb. 20, 2008, and the total construction phase would take place between Nov. 9, 2007, and March 20, 2012, according to the proposal.

The NTTA would also continue to maintain and inspect the road for the next 50 years. They would conduct annual inspections every September until 2057, and handle maintenance procedures on the roadway such as joint sealing, “moderate” pavement repair, overlay, sign refurbishing, pavement markings, and landscaping and irrigation management, according to the proposal.

Financing for the project remained the same as earlier estimates stated in presentations given to the RTC and at NTTA board meetings. NTTA said financing the project as part of the Dallas North Tollway system would include an upfront payment of $2.5 billion at the financial close and $833 million in guaranteed payments for a total of $3.3 billion.

The NTTA also said it would be able to provide a lower overall cost, and greater flexibility to respond to “shifting needs, priorities and requirements that should arise over the next 50 years,” according to the proposal. They also included several offers such as a board resolution that adopts the Texas Department of Transportation/RTC toll policy as the maximum rate for SH 121, an agreement to fund an escrow with $75 million upon acceptance of the proposal, and a commitment from a “AAA-rated” financial institution to provide $3.5 billion to ensure a financial close.

It also reiterated earlier claims that it would be able to keep the funds in local pockets.

“Every penny of cash flow generated from the SH 121 project for the next 50 years will remain in North Texas to fund regional mobility needs,” the report said

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Tarrant County opposes legislation on eminent domain

By ANNA M. TINSLEY - Star-Telegram staff writer - Sun, Jun. 03, 2007

It pits property owners against government agencies, wildlife conservationists against bureaucrats.

And it's kicked up a firestorm throughout Texas.

Pleas from both sides are flooding into Gov. Rick Perry's office over House Bill 2006, a measure awaiting the governor's signature that would give property owners more protection when forced to turn over their land to the government through eminent domain.

...

Tarrant County is leading the charge against the bill, preparing a letter asking Perry to veto the legislation. The Texas Wildlife Association, the Institute for Justice and other supporters want it to be signed. Perry has until June 17 to take action.

"We are convinced that the legislation ... will result in much greater costs to taxpayers because the overall costs of acquiring right-of-way for public road projects, both local and state, will be increased significantly," the proposed Tarrant County letter says.

Rep. Beverly Woolley, who carried the bill along with fellow Houston Republican Sen. Kyle Janek, said it's geared to protect property rights.

"Texas courts have chipped away at property-owner protections for decades," Woolley said. "I believe governmental entities should not operate with a sense of entitlement to my land.

"House Bill 2006 restores these property-owner protections."

Added protections

If Perry signs the bill, landowners would have more rights when governments step in to take property through eminent domain, a controversial practice that allows local governments to take and buy land for public projects.

The bill would ensure that landowners receive good-faith offers for condemned property, be compensated for damage done to adjoining property, and have a chance to buy back their land -- at the same price they received -- if it isn't needed in 10 years for the development.

If signed into law, the provision would go into effect Sept. 1. The buyback provision would require a constitutional amendment that would go before voters on Nov. 6.

The measure defines "public use" to keep land from being taken for economic development and creates a process for courts to determine whether initial purchase offers are fair.

It has followed sharp reaction to a U.S. Supreme Court ruling in 2005 in a Connecticut case that said local governments could take private homes and businesses for economic development. That same year, Texas lawmakers passed legislation prohibiting such use, and they came back this session to add further protections.

...
Seeking a veto

Tarrant County commissioners will vote formally Tuesday on sending the letter to Perry asking for the veto. Whitley said other counties, including Harris and Denton, are expected to follow suit.

The Texas Municipal League is urging any cities concerned about the bill to send letters to Perry asking for a veto.

"It's much worse than we thought it would be," said Frank Sturzl, the league's executive director. "Requiring the state to pay for loss of access, that has never happened before. That will make some roads very expensive."

Fort Worth officials are still evaluating the bill's impact on city projects.

"We are real concerned about provisions in the bill, and we believe we'll be in more litigation for projects where eminent domain is being used," said Joe Paniagua, an assistant city manager. "We are concerned about the unintended consequences."

Officials with the Tarrant Regional Water District and the Trinity River Vision Authority -- which are overseeing the $435 million Trinity Uptown project -- said the changes to the law should not dramatically affect their operations.

J.D. Granger, executive director of the Trinity River Vision Authority, said the buyback provision shouldn't affect Trinity Uptown, since eminent domain provisions will be used only for land needed directly for the flood-control portions of the project.

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