NTTA May 7th Agenda

AGENDA
NTTA SYSTEM PROJECTS AND OPERATIONS COMMITTEE MEETING
NORTH TEXAS TOLLWAY AUTHORITY
BOARD ROOM, SUITE 200
5900 WEST PLANO PARKWAY
PLANO, TEXAS 75093
May 7, 2008
8:00 AM
All agenda items are subject to possible discussions, questions and actions by this
committee of the North Texas Tollway Authority Board of Directors. Agenda item
numbers are assigned for ease of reference only and do not necessarily reflect the order of their consideration by the committee. The committee reserves the right to discuss anyitems in executive session whenever legally justified under the Open Meetings Act.
Unless otherwise noted, a resolution recommending the award of a contract or any other action refers to the committee’s recommendation of the action in question to the NTTA Board of Directors.

CALL TO ORDER
1. Establishment of quorum
2. Resolution approving minutes of the April 2, 2008 meeting of the NTTA System
Projects and Operations Committee.

BRIEFINGS AND RELATED ACTION ITEMS
State Highway (SH) 121
3. Recommend authorization of a supplemental agreement to the contract with
Bridgefarmer & Associates, Inc. for revision to design of SH 121 main lanes at
future Exchange Parkway in an amount not to exceed $700,000.
3. Recommend authorization of a change order pertaining to the agreement with
Austin Bridge and Road L.P. for the relocation of a main lane toll gantry
additional construction of two ramp toll gantries on SH 121 in an amount not to
exceed $638,022.

President George Bush Turnpike Eastern Extension (PGBT EE)
5. Recommend approval of a work authorization with PBS&J for construction
management services on Section 30 of the PGBT EE and PGBT EE corridor
construction management oversight in an amount not to exceed $16,060,603.20.
6. Recommend authorization of a Memorandum of Understanding (MOU) with
Dallas Area Rapid Transit (“DART”) in connection with adjustments of DART
facilities required for Section 30 of the PGBT EE in the amount of $4,500,000.
7. Recommend authorization of three contracts for asbestos abatement and
demolition of structures on PGBT EE to the lowest responsive, responsible bidder
for each such contract from among the following seven pre-qualified responsible
bidders: CST Environmental Inc.; F. Hall Mowing; Intercon Environmental Inc.;
J.C.’s Environmental Technologies; 1 Priority Environmental Services Inc.; Lynx
Contractors, Inc.; and RNDI Companies, Inc., in the amount of $1,100,000.

8. Recommend authorization of a contract for construction of PGBT EE Section 30
with Zachry Construction Company in the amount of $121,867,755.52.
9. Recommend authorization of an Interlocal Agreement (ILA) with the City of
Dallas regarding a permanent easement and a bridge and storm water retention system to be constructed in PGBT EE Section 32 over Lake Ray Hubbard.
10. Recommend approval of a work authorization with Jacobs Carter Burgess for
mechanically-stabilized-earth-wall design services on Section 30 of the PGBT EE
in an amount not to exceed $368,886.

Southwest Parkway
11. Recommend authorization of a utility agreement with Atmos Energy for
Southwest Parkway Section 4 regarding the relocation of a gas transmission line
in the amount of $935,500.
State Highway (SH) 161
12. Recommend authorization of a contract and work authorization with HDR for
corridor management services on SH 161 in an amount not to exceed $900,000.
Conversion to All-Electronic Toll Collection (all-ETC)
13. Recommend approval of a work authorization with HNTB Corporation for
preparation of a comprehensive project plan for conversion to all-ETC on the
NTTA System in an amount not to exceed $317,200.
14. Recommend authorization of a supplemental agreement to a contract with
Kimley-Horn Associates, Inc. for design modifications required for all-ETC
conversion of ramp toll plazas along the DNT from IH 635 to SH 121, and
development of precast gantry standard drawings in an amount not to exceed
$730,908.
15. Recommend authorization of a supplemental agreement to a contract with Halff
Associates for design modifications required for all-ETC conversion of ramp
plaza plans along DNT south of IH 635 in an amount not to exceed $290,558.
16. Recommend authorization of the purchase of Violation Enforcement System
equipment from Science Applications International Corporation, Electronic
Transaction Consultants Corporation, Northstar Controls, Davis Inotek, and
Graybar Electric to be used for all-ETC on DNT, AATT and MCLB for an
aggregate amount of $2,800,000.
17. Recommend authorization of a contract with MasTec North America, Inc. for
fiber relocation along the DNT, MCLB and AATT in the amount of $648,151.50.
Information Technology (IT)
18. Recommend authorization of the purchase of ONSSI software licenses required to
implement internet-protocol-based incident detection content analysis from
SecureNet, Inc. for the NTTA’s Incident Detection System from under its existing
NTTA contract at a cost not to exceed $500,000.
Maintenance
19. Recommend authorization of the purchase of dump trucks from Grande Truck
Center as part of the vehicle fleet to be used to maintain SH 121 in an amount of
$2,406,709.80.
Communications
20. Recommend authorization of a new trailblazer sign design to be utilized
throughout the NTTA system.

BRIEFINGS AND UPDATES
21. Project Focus
A. Southwest Parkway
B. DNT – 4A
C. DNT Phase 3
D. PGBT EE
22. Project Updates
23. EXECUTIVE SESSION - Pursuant to chapter 551, subchapter D, Texas Government Code:
A. Subsection 551.071(1), to receive advice from counsel about pending or
contemplated litigation and/or settlement offers
B. Section 551.072, to deliberate the purchase, exchange, lease, or value of
real property
C. Section 551.074(a)(1), to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee
D. Section 551.076, to deliberate regarding security devices
24. CONSIDERATION OF ITEMS FROM EXECUTIVE SESSION
A. Recommend authorization of the purchase of land for the location of a
maintenance center to be constructed to support maintenance of SH 121.
ADJOURNMENT

NOTES
A quorum of the Board of Directors may be present at this meeting for information-gathering purposes. However,NTTA Directors that are not Committee members will not vote on any Committee agenda items.
The North Texas Tollway Authority System includes the Dallas North Tollway (DNT), the President George Bush Turnpike (PGBT), the Addison Airport Toll Tunnel (AATT), Lewisville Lake Toll Bridge (LLTB) and the Mountain Creek Lake Bridge (MCLB).
The term TxDOT refers to the Texas Department of Transportation; NCTCOG refers to the North Central Texas Council of Governments.
SWP refers to the Southwest Parkway Project, State Highway (SH) 121 from IH 30 to FM 1187 in Tarrant County; EE refers to the Eastern Extension of the PGBT from SH 78 to IH 30 in Dallas County; SH 121 refers to SH 121 in Denton, Dallas, and Collin counties between Business SH 121 and U.S. 75; Chisholm Trail refers to SH 121 between
FM 1187 in Tarrant County and U.S. 67 in Johnson County; Trinity Parkway refers to the proposed Trinity Parkway project between SH 183/ IH 35E interchange and U.S. 175 in Dallas County; SH 161 refers to SH 161 between SH 183 and IH 20 in Dallas County; SH 170 refers to SH 170 between SH 114 and SH 199 in Denton, Tarrant and Parker
County; SH 360 refers to SH 360 between Green Oaks Boulevard and U.S. 67 in Tarrant, Johnson and Ellis County; SH 190 refers to SH 190 between IH 30 and IH 20 in Dallas County. Note that the end points for each of the referenced projects are approximate.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Kiven.

Rep. MikeKrusee, Chair of House Transportation Committee jailed for drunk driving

By Isadora Vail and Tony Plohetski The Austin American Statesman The Blotter -Thursday, May 1, 2008
State Representative Mike Krusee, R- Williamson County, was swerving between lanes in his black BMW on the frontage road of U.S. 183 Wednesday night, according to officials and an arrest affidavit.

A Texas Department of Public Safety trooper arrested and charged Krusee in for driving while intoxicated. Krusee was booked into the Williamson County Jail at 11:15 p.m. Wednesday and was released at 8:55 a.m. today, officials said. His bail was set at $1,000.


Trooper Michael Scheffler wrote in the arrest affidavit that he followed Krusee down U.S. 183, after he noticed the serving, and saw that Krusse had expired registration, according to the affidavit.

After running his plates, the trooper pulled Krusee over on Black Oak Street near Jollyville, according to the affidavit.

Scheffler noticed a strong smell of alcohol and administered a field sobriety test, which Krusee failed, states the affidavit, and Krusse admitted to drinking one glass of wine.

He refused a Breathalyzer and blood test, according to the affidavit.

Neither Krusee nor his attorney, Jason Nassour, could be immediately reached for comment.

Krusee carried and passed legislation in 2003 that created something called the “driver responsibility program” to help fund the Texas Mobility Fund. That program included a number of surcharges for driving offenses, including $1,000 for a first conviction of driving while intoxicated.

Read more in the Austin American Statesman

Dallas Morning News Investigative Report on Trucking Hazards

Dallas Morning News investigative reporters spent over a year investigating safety problems involving 18-wheelers in Texas. Their reporting is based on federal, state and local accident and inspection reports and databases, court records, criminal public records databases and interviews with truckers, company owners, law enforcement, lawyers, academicians and other safety experts. This series focuses on the use of felons as drivers, the harsh working conditions truckers face and the industry's political influence in shaping laws and regulations.

Read full report in the Dallas Morning News

Why are we still paying for the Dallas North Tollway?

By David Schetcher - WFAA-TV - Tuesday, April 15, 2008
DALLAS — Believe it or not, the Dallas North Tollway was supposed to be free by now. That obviously didn't happen, and it never will.

With a drastic funding shortfall for new roads in North Texas, local leaders rely on toll roads to keep paying for what the state cannot afford.

Take State Highway 121 across Collin County. The North Texas Tollway Authority recently won the right to build what will be a concrete cash cow.

"It's the lure of money," said David Stall, a transportation watchdog with CorridorWatch.org. "It's the lure of big money."

In less than ten years, SH 121 is expected to bring in $223 million a year in tolls. One can also add $202 million for the Dallas North Tollway and $179 million on the President George W. Bush Turnpike.



DALLAS — Believe it or not, the Dallas North Tollway was supposed to be free by now. That obviously didn't happen, and it never will.

With a drastic funding shortfall for new roads in North Texas, local leaders rely on toll roads to keep paying for what the state cannot afford.

Take State Highway 121 across Collin County. The North Texas Tollway Authority recently won the right to build what will be a concrete cash cow.

"It's the lure of money," said David Stall, a transportation watchdog with CorridorWatch.org. "It's the lure of big money."

In less than ten years, SH 121 is expected to bring in $223 million a year in tolls. One can also add $202 million for the Dallas North Tollway and $179 million on the President George W. Bush Turnpike.


"It's important for the NTTA to be able to continue to provide transportation choices for drivers and alternative funding sources for the region," said Sherita Coffelt, a NTTA spokesperson, on why all that money is needed.

On SH 121, the NTTA has the authority to collect tolls for 52 years. In exchange, the NTTA wrote the region a check for $3.2 billion. The money will fund construction of non-tolled road projects the region needs, but that the state of Texas cannot afford.

"There is very little pressure to turn that money back, or lower the tolls or turn that road into a free road," Stall said. "There's a tremendous pressure to find more things to spend the money and grow your organization and your empire."

Originally, the idea behind toll roads in North Texas wasn't to generate revenue, but instead to build roads, pay them off and then eventually make them free.

In fact, the Dallas-Forth Worth Turnpike is a good example of just that. In 1977 it was paid off, became a free road and was renamed Interstate 30.

At the time, there were proposals to keep the tolls on and use them to pay for more roads.

Opponents lined up, including the city of Fort Worth, which complained about the "unlawful, illegal, immoral and fattening activities" of the toll authority. The opponents won and toll booths came off.

The Dallas North Tollway was built with the same promise: When it was "paid off" it would be "free," too.

That never happened.

"Before it was paid off, the decision was made to extend it," Coffelt explained.

To pay the bill, the NTTA used the revenue from the existing portion as collateral for the new loans. Since then, every time the NTTA builds a new road it uses existing toll revenue as collateral.

"Well, with the tremendous amount of money that comes in on a regular basis, you institutionalize it," Stall said. "You build an organization and a structure that is dependent on that revenue and constantly looking for new projects and new ways to spend that."

The NTTA has grown into an agency with more than 700 employees and a payroll of almost $27 million. And while the NTTA said it's an accountable and transparent organization, critics point out its board members are appointed, not elected by voters.

"You're not invited to the decision-making process," Stall said. "Those making the decisions know they're not accountable to you."

The NTTA is currently negotiating to build another new toll road that would lead to the new Cowboys stadium in Arlington: State Highway 161.

Transportation sources said during those negotiations, the NTTA asked for permanent tolling authority and has also asked to rewrite its 52-year deal for SH 121. It now wants permanent tolls there, too.

"As you know, there's a huge need in North Texas for additional transportation choices and additional funding sources," Coffelt said when asked if toll roads will ever be free. "And as long as that need exists, the NTTA will, too."
Read more on WFAA

Mass transit use hits 50-year high on pump prices

By Rebekah Kebede, Matthew Robinson and Matthew Lewis - Reuters - Monday, Mar 10, 2008
NEW YORK (Reuters) - The number of Americans hopping buses and grabbing subway straps has climbed to the highest level in half a century as soaring gasoline costs push more commuters to take mass transit.

U.S. mass transit ridership began to surge when gasoline hit the $3 a gallon level in 2005 and has continued to rise steadily ever since as pump prices top record after record, according to a report released on Monday by the American Public Transit Association.

"As people are struggling with the increase in fuel prices, they have to make adjustments, and one of the ways they are doing that is driving less and taking public transportation more," said William Millar, the president of the APTA.

Mass transit use increased by more than 2 percent in 2007 to the highest level in 50 years, with Americans taking more than 10 billion trips on public transport while the number of vehicle miles traveled was flat in the first 10 months of the year.

Even when gasoline prices dipped last year and some people returned to driving, others appear to have switched to public transport permanently, according to Millar.

"We started seeing gas prices consistently go above $3 a gallon (in 2005) and we noticed that overall transit ridership was going up," Millar said.

"When gas prices moderated, some of those people said, 'Hey, this works pretty good for me, I'll stick with it."'

The largest area of mass transit growth was in light rail use, which includes street cars and trolleys, with a 6 percent increase during 2007. Commuter rails were second with an increase of 5.5 percent in ridership and subway ridership had an increase of 3.1 percent.

Cities with less than 100,000 people also saw a large increase -- 6.4 percent -- in public transportation use.

With many analysts predicting $4 gasoline this summer, mass transit use is likely to become even more popular.

"If past experience is any indication, as the price of fuel goes up and particularly as it hits a psychological milestone, which I expect $4 is, I would expect that we would see a spurt in ridership," Millar said.

Read more

Art Hall Accepts Thousands From Valero PAC, Employees

Hall Previously Claimed Valero Told Him His Wife's Position With The Firm Constituted No Conflict Of Interest
Vince Leibowitz - February 28, 2008

AUSTIN--Former San Antonio City Councilman Art Hall has accepted more than $5,000 in contributions from Valero Energy's political action committee and several of its employees, according to records from the Texas Ethics Commission.

On February 8, Hall received a $5,000 contribution from the Valero Political Action Committee, a PAC notorious for giving thousands of dollars to Texas' most conservative Republicans-- and Railroad Commissioner Michael L. Williams, the man Hall and Dale Henry (D-Lampasas) seek to replace in the November general election.

In addition to the $5,000 from Valero's PAC, Hall also took more than $2,000 from Valero employees and attorneys in late January and February. According to Hall's most recent filing with the Texas Ethics Commission, he received the following contributions from Valero employees and attorneys:


Robert Bower, Valero Attorney, $500 2/23
Theodore Guidry, Valero employee, $500, 1/26
Diane Hirsch, Valero Attorney, $300, 2/23
Martin Loeber, Valero Attorney, $500, 2/23
Rich Walsh, Valero Attorney, $1,500, 2/23
Parker Wilson, Valero Attorney, $500, 2/23


"The money that Art Hall has accepted from Valero's PAC and its employees is especially troubling given the fact that he is very connected to Valero through the fact that his wife is an attorney for Valero," said Vince Leibowitz, campaign director for Dale Henry, Hall's principal opponent.

According to Hall's Personal Financial Statement on file with the Texas Ethics Commission, Hall's wife owns between 5,000 and 9,999 shares of stock in Valero which, if sold, would represent a net gain of $10,000 to $24,999.

"All of this is especially disturbing given the fact that Art Hall is actually getting advice from Valero on what constitutes a conflict of interest for his campaign," said Leibowitz.

At a forum in Decatur on January 29, Hall was asked if he believed it constituted a conflict of interest that his wife, Stephanie Hall, is an attorney for Valero considering the Railroad Commission regulates the oil and gas industry. Hall told the audience that he had contacted Valero and that he was advised by the company that her work would not constitute a conflict of interest for him.

"Art Hall is getting ethics advice and money from Valero energy. What else is he getting from them? Are they advising him on energy policy as well? Art Hall represents no departure from the current rubber-stamp culture at the Texas Railroad Commission where Commissioners take thousands of dollars from oil company PACs and their employees and then give them whatever they want without regard for the best interest of Texas consumers or the environment," Leibowitz said.

"Valero's PAC is notorious for giving large sums of money to Republicans and pet conservative causes," Leibowitz said. "Valero has given Railroad Commissioner Michael L. Williams $20,000. Now Art Hall is taking Valero's money and telling Texans that he will bring 'balance' to the Texas Railroad Commission. What kind of 'balance' is that, exactly? The kind of 'balance' where Hall will simply be another hand out taking money from the oil industry? That's not 'balance,' that is merely more of the same," Leibowitz continued.

Valero has given incumbent Railroad Commissioner Michael L. Williams $10,000 on two occasions: once less than a year ago on June 28, 2007, and once on June 7, 2002. Valero has also contributed to some of Texans most anti-consumer, counter-progressive Republicans and Republican causes.

The company's PAC gave $15,000 to Tom Craddick's "Stars Over Texas" Leadership PAC ($10,000 on 10/11/06 and $5,000 on 10/25/04), and $30,000 to Speaker Craddick's personal campaign account since 2004 ($10,000 on 11/08/05 and $10,000 on 11/5/07, and $10,000 on 11/10/04). A small sampling of Valero's contributions to Republicans include:


Texas Conservative Coalition ($2,500 on 9/10/07)
Former State Rep. Joe Nixon ($1,000 on 3/5/04)
Lt. Governor David Dewhurst ($10,000 on 11/6/03)
Attorney General Greg Abbott ($10,000 on 7/11/03)
Railroad Commissioner Victor Carrillo ($5,000 on 1/29/04)
U.S. Senator John Cornyn ($2,500 while Cornyn was Texas' AG on 11/7/2000)
State Rep. Phil King ($2,500 on 10/23/07)
Texas Agriculture Commissioner Todd Staples ($5,000 on 11/27/07)
Former State Rep. Talmadge Heflin ($1,000 on 11/9/04)

The Valero-tied contributions aren't the only suspect contributions Hall has received as a candidate. While on the San Antonio City Council, Hall accepted money from executives and employees of the HB Zachry company, a San Antonio-based company which has paired with Spanish company Cintra and, in March 2005, signed a comprehensive development agreement authorizing $3.5 million in planning for the first phase of the controversial Trans-Texas Corridor. Hall accepted a $500 contribution from HB Zachry on April 26, 2005 and a $250 contribution from J.P. Zachry on August 8, 2005. As a San Antonio City Councilman, Hall also took money from Valero's PAC on May 3, 2005 ($500).

At the January 29 forum in Decatur, Hall also failed to state a position on a question that asked whether or not he favored continued development of the Trans-Texas Corridor, which will include "designated utility zones" which will facilitate the transport of oil and natural gas and could have a significant negative impact on Texas' environment and groundwater.

Henry faces Art Hall of San Antonio and Mark Thompson of Hamilton in the March 4 Democratic Primary. The winner of the March 4 Democratic Primary will face Commissioner Michael L. Williams in the general election.

Reuters Reports TxDOT Audit

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

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

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

Read more

DFWRCC urges Denton County Voters to support Hugh Coleman

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

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

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

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


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

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

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

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

See Denton Record-Chronicle Article.

Resolutions for March 4th Precinct Conventions

By Faith Chatham - DFWRCC - Feb. 18, 2008

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


By Terri Hall - TURF - Feb. 18, 2008

PLAN TO GO TO YOUR PRECINCT CONVENTION WHEN THE POLLS CLOSE
Resolutions to bring to precinct convention / caucuses that convene at your precinct immediately after the polls close on March 4:

- Eminent Domain -

RESOLUTION
Against the eminent domain abuse for toll roads

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

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

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

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

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

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

#_______,_ ____________ County of the__________________Party of Texas.

________________________________________
Name of Officer

________________________________________
Signature




- Tolling Existing Roads -


RESOLUTION
Against the Tolling of Existing Roadways in Texas

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

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

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

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

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

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

#_______,_____________County of the__________________Party of Texas.

________________________________________
Name of Officer

________________________________________
Signature

________________________________________________________________




- Market-based tolling - download resolution


RESOLUTION
Repeal Market-Based Tolling

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

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

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

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

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

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

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

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

_______,_ ____________ County of the__________________Party of Texas.

________________________________________


Name of Officer________________________________________
Signature




- Privately-controlled toll roads -


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

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

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

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

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

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

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

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

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

#_______,_ ______________ County of

the__________________Party of Texas.

____________________
Name of Officer

________________________________________
Signature

Atmos spares few expenses, and ratepayers pick up the tab

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

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

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

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

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

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

The cost of litigation

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

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

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

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

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

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

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

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

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

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

.

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

$9.7 million in legal bills

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

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

Texas House Elections Committee Public Hearing: Examines lobbyist disclosure and use of state e-mail for political communications

HOUSE OF REPRESENTATIVES ELECTIONS COMMITTEE NOTICE OF PUBLIC HEARING

TIME & DATE: 1:00 PM, Monday, February 25, 2008

PLACE: E2.028

CHAIR: Rep. Leo Berman


The committee will hear invited testimony on the following charges:


Study the exemption in the Texas lobby contingent fee ban, which currently permits contingent fees and does not require lobby registration, for influenceing the purchasing of goods or servisces by a state agency.

Consider whether this exemption should be amended or repealed.

Research the current Texas law prohibiting the use of public resources
for political advertising, and determine whether the law needs to be amended to clarify that publicly funded e-mail systems may not be used for political communications.

Rental Car Agreements charge up to $100.00 for a $1.00 toll on NTTA

TxDOT Trans Texas Corridor TTC69 Townhall Meeting Beeville - Hank Gilbert

Linda Stall discusses TxDOT's view of "Highest and best use of land" and pass along cost to the taxpayer. Linda tells TxDOT that hundreds of people have been in that hall tonight who are satisfied with the current best use of the land:





Part II - TxDOT discusses eminent domain and Quick Take Process with Hank Gilbert:


Trey Duhon discusses transportation funding with TxDOT officials:


Martha Estes reads poem on Mary Peters:


800PACK HALL IN HEMPSTEAD - WALLER COUNTY OPPOSING TTC-69:

North American Union and Multi-Modal Corridors

Tx RR Commission Candidate - Dale Henry: Protecting state's water a priority

By RANDY ROSS - Longview News-Journal - Friday, February 08, 2008

Protecting the waters of Texas is a priority for Dale Henry.

The 76-year-old Democratic candidate for the Texas Railroad Commission said the production of oil and gas in Texas does not matter if the industry destroys Texas' natural water sources.

"We have to stop wasting and contaminating our water," Henry said.

Henry faces Art Hall of San Antonio and Mark Thompson of Hamilton in the Democratic primary election on March 4.

Henry has more than 40 years of experience working in the oil and natural gas fields in the United States and abroad, according to his campaign Web site. He has a bachelor of science degree in petroleum engineering from the University of Texas at Austin.

"I've been hands-on from the top to the bottom," Henry said. "I more or less speak the language of the oilfield."

The Railroad Commission is the state agency that regulates the oil and gas industry, gas utilities, pipeline safety, safety in the liquefied petroleum gas industry and the surface mining of coal. Established by the Legislature in 1891, the commission is the state's oldest regulatory agency, according to the agency's Web site.

The self-described environmentalist from Lampasas is a former city manager and county commissioner. He also founded 4 Arrows, the first cementing service company contracted by the railroad commission.

Henry said his experience in the oil and gas industry make him an ideal candidate for the commission. He said he knows the commission's rules and regulations from working as a contractor, and he would be able to begin working on his first day.

The oil and gas industry has a strong economic impact on the state, he said. That impact has come at a cost to the public, he said.

Henry said the commission has for many years considered the economics of the industry more important than public safety. He said that philosophy has changed in recent years, but it needs to continue to change. He said the commission must consider what is in the public's best interest.

"Environmentally, we have a problem," Henry said.

He said companies often cut corners when installing casing in wells to save money. As time erodes sealing and concrete shifts, water begins flowing and drawing out contaminants.

By forcing companies to install casing properly, Henry said companies would save more money in the long-term by avoiding remedial and repair work.

"These are serious matters," Henry said.

Attempts to reach Republican incumbent Michael Williams for comment were unsuccessful Thursday.

Read more in the Longview News-Journal