By Terri Hall - T.U.R.F. - April 6, 2009
The Texas Senate voted 29-2 in favor of re-authorizing private toll contracts that essentially sell our highways to the highest bidder. On a deal just signed in Dallas, Spain-based Cintra got the rights to charge us 75 cents a mile even though $500 million in gas taxes and other public subsidies will be used to build the project in yet another sweetheart deal for corporations and a raw deal for taxpayers! These contracts are also at the heart of the Trans Texas Corridor.
The two voting against were Senators Glenn Hegar and Wendy Davis. Thank Senator Hegar here: glenn.hegar@senate.state.tx.us. Wendy Davis actually wants MORE of these private toll contracts and voted against these bills because she wanted an open door for Cintra instead of giving public toll entities first crack at toll projects, so "no thanks," Senator Davis.
All senators but Wendy Davis voted for SB 17 that purports to protect taxpayers from private toll contracts, called CDAs, but is a sham since TxDOT and toll agencies can waive the steps and jump right to a CDA allowing private corporations to control our public infrastructure!
Showing posts with label Wendy Davis. Show all posts
Showing posts with label Wendy Davis. Show all posts
Tuesday, April 7, 2009
Tuesday, July 22, 2008
Judge to decide future of Democrat Wendy Davis' state senate bid
By JEFF MOSIER - The Dallas Morning News - Tuesday, July 22, 2008
Arguments took place this morning in a hearing to determine whether Democrat Wendy Davis can continue her campaign to try to unseat veteran Republican state Sen. Kim Brimer.
Mr. Brimer filed a lawsuit this month alleging that Ms. Davis was not eligible to run. The suit says that Ms. Davis was still technically a Fort Worth City Council member when she filed to run against Mr. Brimer.
The Texas Constitution’s “holdover” provision says that elected officials will continue to serve until they are replaced. Another part of the state Constitution said that individuals holding a “lucrative office” are not “eligible to the Legislature.”
Wendy Davis Matt Latham, Ms. Davis’s campaign manager, said that state district Judge Tom Lowe notified the parties that he expected to issue a ruling this afternoon.
Two major issues in dispute are when Ms. Davis’s successor, Joel Burns, took office and whether a council member has to leave office before running for the legislature or being elected.
The deadline for filing for the Democratic primary landed between the dates that Mr. Burns won his race and when he was scheduled to be sworn in at a council meeting. Breaking tradition, Mr. Burns held a private swearing-in ceremony at his home on Jan. 1, just a day before the primary filing deadline.
Ms. Davis’s campaign said she was relieved of her council seat after that New Year’s Day ceremony, and the Brimer campaign said that she wasn’t replaced until a swearing-in ceremony at the council meeting about a week later.
The lawsuit said that Mr. Burns wasn’t allowed to attended a closed executive session of the council until after his public swearing-in. Fort Worth city officials have not commented on when they believe that Mr. Burns officially became a council member.
The Brimer lawsuit also claims that Ms. Davis didn’t properly withdraw an earlier filing to run. She filed for the primary first in December and then withdrew that and filed again on Jan. 2.
Even if the Davis campaign loses the argument about when Mr. Burns took over her seat, they can still point to a ruling this month in a similar dispute in Midland. An Austin judge ruled that Democrat Bill Dingus could continue his campaign against Republican state Rep. Tom Craddick, the House speaker. Mr. Dingus continued to serve on the Midland City Council long after he filed to run for the state House seat.
However, a federal judge earlier ruled that Mr. Dingus was not eligible.
A similar argument about Ms. Davis’s eligibility went to the courts early this year when several voters sued to keep her off the ballot. An appeals court ruled that they didn’t have standing to litigate.
Mr. Brimer’s campaign said they had nothing to do with the earlier lawsuit.
Read more in the Fort Worth Star Telegram
Arguments took place this morning in a hearing to determine whether Democrat Wendy Davis can continue her campaign to try to unseat veteran Republican state Sen. Kim Brimer.
Mr. Brimer filed a lawsuit this month alleging that Ms. Davis was not eligible to run. The suit says that Ms. Davis was still technically a Fort Worth City Council member when she filed to run against Mr. Brimer.
The Texas Constitution’s “holdover” provision says that elected officials will continue to serve until they are replaced. Another part of the state Constitution said that individuals holding a “lucrative office” are not “eligible to the Legislature.”
Wendy Davis Matt Latham, Ms. Davis’s campaign manager, said that state district Judge Tom Lowe notified the parties that he expected to issue a ruling this afternoon.
Two major issues in dispute are when Ms. Davis’s successor, Joel Burns, took office and whether a council member has to leave office before running for the legislature or being elected.
The deadline for filing for the Democratic primary landed between the dates that Mr. Burns won his race and when he was scheduled to be sworn in at a council meeting. Breaking tradition, Mr. Burns held a private swearing-in ceremony at his home on Jan. 1, just a day before the primary filing deadline.
Ms. Davis’s campaign said she was relieved of her council seat after that New Year’s Day ceremony, and the Brimer campaign said that she wasn’t replaced until a swearing-in ceremony at the council meeting about a week later.
The lawsuit said that Mr. Burns wasn’t allowed to attended a closed executive session of the council until after his public swearing-in. Fort Worth city officials have not commented on when they believe that Mr. Burns officially became a council member.
The Brimer lawsuit also claims that Ms. Davis didn’t properly withdraw an earlier filing to run. She filed for the primary first in December and then withdrew that and filed again on Jan. 2.
Even if the Davis campaign loses the argument about when Mr. Burns took over her seat, they can still point to a ruling this month in a similar dispute in Midland. An Austin judge ruled that Democrat Bill Dingus could continue his campaign against Republican state Rep. Tom Craddick, the House speaker. Mr. Dingus continued to serve on the Midland City Council long after he filed to run for the state House seat.
However, a federal judge earlier ruled that Mr. Dingus was not eligible.
A similar argument about Ms. Davis’s eligibility went to the courts early this year when several voters sued to keep her off the ballot. An appeals court ruled that they didn’t have standing to litigate.
Mr. Brimer’s campaign said they had nothing to do with the earlier lawsuit.
Read more in the Fort Worth Star Telegram
Friday, January 18, 2008
Hearing on Wendy Davis' Candidacy for Sen. Distict 10 Scheduled Monday, Jan. 23
By Tarrant County Democratic Party - Jan. 18, 2008
Hearing on Wendy Davis' Candidacy for Sen. Dist. 10
Scheduled for Monday, January 23rd, 11am
The Firefighters' appeal to Chairman Art Brender's decision to declare Wendy Davis eligible as a candidate in the Senate District 10 Primary will be heard by the Court of Appeals on Monday, January 23rd, at 11am.
The Hearing will take place on the 9th Floor of the Tarrant County Justice Center.
Hearing on Wendy Davis' Candidacy for Sen. Dist. 10
Scheduled for Monday, January 23rd, 11am
The Firefighters' appeal to Chairman Art Brender's decision to declare Wendy Davis eligible as a candidate in the Senate District 10 Primary will be heard by the Court of Appeals on Monday, January 23rd, at 11am.
The Hearing will take place on the 9th Floor of the Tarrant County Justice Center.
Friday, June 22, 2007
NTTA gets OK for 121 toll project
State board must still approve deal
By MICHAEL A. LINDENBERGER and JAKE BATSELL - The Dallas Morning News - Tuesday, June 19, 2007
By MICHAEL A. LINDENBERGER and JAKE BATSELL - The Dallas Morning News - Tuesday, June 19, 2007
The North Texas Tollway Authority won the strong support Monday of local officials charged with deciding who will build the lucrative but controversial State Highway 121 project.
The Regional Transportation Council voted 27-10 to recommend that the state reverse course and award the contract to the tollway authority – and not to the Spanish construction firm Cintra.
The decision marks a reversal from last winter when the Texas Department of Transportation had tentatively awarded the contract to Cintra, which had beat two other private bidders with a promise to pay the state government nearly $3 billion for the right to collect tolls on the 26-mile road for the next 50 years.
"It's probably been the toughest decision that I've had to make in the 10 years I have been on this committee," Tarrant County Judge Glen Whitley said just before casting his vote for NTTA.
Mr. Whitley said the authority's bid promised even more up-front money to the state than Cintra."If we go with Cintra, we do leave money on the table," he said. "We leave money on the table up front, we leave it on the table in the payments over the 50 years. ... So, sure it is a risk, but this the crown jewel of toll projects in the state, and maybe even in the country."
The Texas Transportation Commission is expected to render a final decision on the project at its June 28 meeting in Austin.
Over the last two weeks, Cintra had tried again and again to underscore the risks it said were inherent in the NTTA bid. The authority offered more money up front, Cintra said, but it did so at a risk of increased toll rates in the future if traffic volume forecasts are not met.
Many of those casting the 10 votes in favor of Cintra seized on those arguments, and on analyses by the Texas Department of Transportation and global accounting firm Price Waterhouse Coopers that reached similar conclusions.
"We cannot gamble on this," Denton County Commissioner Cynthia White said. "We have to go with what is a for-sure deal. Cintra comes out ahead against NTTA, and that is the cold hard facts. Theirs is the only proposal that guarantees a [financial] return to the region at the end of the contract."
NTTA chairman Paul Wageman had countered earlier in the day, however, that council members should go with the bid by the entity they know best, and with the project that paid the biggest amount of money up front."In the end, I think it was that our proposal was a superior financial deal, and because of our track record in this region,"a smiling Mr. Wageman said after the vote.
Jose Lopez, the president of Cintra's North American operations, said the bidding process was fair. But he said his company's proposal was clearly better.
"We will just have to wait and see what the TxDOT commissioners have to say, since they are the ones that have the final say," Mr. Lopez said. "We respect the decision by the RTC, but we still are certain that our proposal was better, way better, for the region."
The Texas Transportation Commission's five members, all appointed by Gov. Rick Perry, are not bound by Monday's vote.
That worries state Sen. Florence Shapiro, R-Plano, who attended Monday's vote.
Ms. Shapiro noted that the two Transportation Department's representatives on the Regional Transportation Council voted in favor of Cintra's bid. Last week, TxDOT's chief financial officer said his department would recommend Cintra for the contract – if commission members asked for an opinion.
"That's probably pretty indicative of what they're going to do on the 28th," Ms. Shapiro said. "I am very concerned about it and intend to be there to listen and to watch and to see how it's handled.
"The commitment that ... [Texas Transportation Commission members] made – and I heard it with my own ears – was that whatever the region decided was what they would move forward with. This was overwhelming, 27-10, and I think that is a very strong message to take to TxDOT."
Bill Hale, one of two TxDOT employees on the council, said he expects Texas Transportation Commission Chairman Ric Williamson to give great weight to Monday's vote.
"That's what he has said in the past they intend to do," said Mr. Hale, the top engineer on TxDOT's Dallas-area staff.
Mr. Hale, who voted in favor of awarding the contract to Cintra, said he will now support NTTA's involvement in the project.
Ms. Shapiro's concern reflects the mood of many state lawmakers.
The transportation commission gave Cintra preliminary approval for the Highway 121 contract in February. Immediately, lawmakers reacted angrily to the prospect of signing a lease with a foreign company to operate toll roads that will span generations. And they quickly pressured the RTC to invite the NTTA to submit a bid, paving the way for a rival to Cintra.
"It is exactly what I had hoped would happen," Ms. Shapiro said. "We gave them the opportunity today, but they had to perform and they had to produce. And they did."
Fort Worth City Council member Wendy Davis said that if the contract ends up with NTTA, North Texas may lose out on private investment in the future.
"What we are going to do today is not just going to impact our decision on Highway 121, but I can assure you that it will impact our ability to attract private businesses in the future," she said. "If I was Cintra, I would learn a valuable lesson. And that lesson is that no matter how many steps are put in place to make sure the process is fair, the deck is going to be dealt in such a way that favors" a public entity such as NTTA.
Still, Richardson City Council member John Murphy, who voted for NTTA, encouraged his colleagues to feel good about the vote, no matter which side they favored.
"This is about the future and the future has changed for us," Mr. Murphy said. "Not long ago we were at a point where we were saying, 'Oh my gosh, where are we going to get the money to build roads?' Now, we're saying instead, 'Show us the money.' "
“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
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
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