Posted on 06/12/2005 10:08:49 PM PDT by Tolerance Sucks Rocks
The tradeoff of sacrificing open government to attract private investment in toll roads is beginning to sink in for some local elected leaders.
And it's not a comfortable feeling, said City Council members who met Thursday.
State officials have promised to let local leaders have input on a recent proposal by Spain-based Cintra and locally owned Zachry American Infrastructure to take over planned toll roads in San Antonio. But to protect trade secrets, state law prohibits public discussion of details.
"It's absolutely out of the question," said Councilman Chip Haass, who says private sector dollars to solve traffic problems is otherwise tempting. "You could not convince the constituents of San Antonio that this is a good deal."
Officials can't even see the Cintra-Zachry proposal without signing confidentiality agreements, which would prevent them from talking to anyone who hasn't signed an agreement. Local leaders might end up taking shots in the dark at what is sure to be a moving target.
"This whole deal scares the hell out of me, quite frankly," Councilman Roland Gutierrez said. "There's so many details that we can't even begin to contemplate."
At stake is local oversight of construction and operation of 47 miles of toll roads on Loop 1604 and U.S. 281 on the North Side, including toll fees of 15 cents or more a mile. The system could cost $1.3 billion.
The Texas Department of Transportation plans to use gas taxes and other public funds to build 22 miles of toll roads and give them to the Alamo Regional Mobility Authority. Local officials intend to use the toll fees to double the network and continue expanding.
Cintra-Zachry submitted a proposal to the state in April that calls for private investments to construct the whole system faster, and the companies in turn would collect the toll fees for up to five decades. If considered, a call for other bids would have to be made.
Mobility authority board members could sign confidentiality agreements but probably wouldn't be able to discuss the proposal as a board — not in a public meeting or, under current laws, in a closed-door session, an attorney advised them this week.
Meanwhile, Cintra-Zachry may file a lawsuit over last week's opinion by the Texas attorney general that development and financial details in a March contract for another road project — the Trans Texas Corridor segment paralleling Interstate 35 — must be disclosed.
"We believe there's some proprietary information and some financial information that should not be made public," Zachry spokeswoman Vicky Waddy said. "People ought not to be able to take our intellectual property and use it for other projects."
Transportation department officials are discussing whether to challenge the opinion, spokeswoman Gabby Garcia said.
The Trans Texas Corridor is a proposed 4,000-mile network of toll roads, rail lines and utility lines that could cost $184 billion and take more than 50 years to build. Cintra-Zachry's contract with the state is to produce plans for the first leg, from Mexico to Oklahoma.
Opponents say they're appalled at the secrecy swirling around the massive effort.
"We believe that the public is unaware that our system of open government is under gross attack," said David Stall of CorridorWatch.org.
CorridorWatch.org Bulletin (06.10.05)
CorridorWatch.org MEMBER BULLETIN
CorridorWatch.org - Now Representing Members in 160 Texas Counties !
OPEN GOVERNMENT AND THE PUBLIC'S RIGHT TO KNOW IS UNDER ATTACK.
SURPRISE, SURPRISE, SURPRISE - - NOT !
Is CorridorWatch.org surprised that the public and their elected officials are excluded from learning the specifics and details of toll road agreements being negotiated; and, even after these binding agreements between TxDOT and their highway monopoly partners are signed? Absolutely Not!
On May 31, 2005, the Texas Attorney General’s office ruled that TxDOT must release hundreds of pages of the Comprehensive Development Agreement (CDA) kept secret in their deal with Cintra Zachry to develop Trans Texas Corridor TTC-35. Those portions not yet publicly released include the conceptual development and financial plans.
Do we expect TxDOT and Cintra Zachry to be responsive to the Attorney General's ruling and provide what should be public information? No, unfortunately we do not. We expect to see stonewalling and a protracted legal battle that will likely extend beyond the signing of the next comprehensive development agreement between TxDOT and Cintra Zachry. We would like for this expectation to be wrong, but we won't hold our breath.
In the June 9, 2005, issue of the Austin American-Statesman, they reported a TxDOT spokeswoman as saying TxDOT would not contest the ruling. They also reported TxDOT spokeswoman Gaby Garcia as telling them, “Cintra Zachry has indicated that it will file suit to contest the release of the approximately 200 pages of information.” Only a day later, reported in the June 10, 2005, issue of the San Antonio Express-News, TxDOT spokeswoman Gaby Garcia soften their position telling the Express-News that TxDOT officials are discussing whether to challenge the opinion.
This is of little surprise to CorridorWatch.org given the unprecedented confidentiality provisions introduced with HB3588 in 2003 and the atmosphere of secrecy it created. Within months of its passage TxDOT officials discussing TTC conceptual development and financial plans with potential proposers were telling them how well TxDOT could keep a secret. TxDOT records indicate their discussion of secrecy included Jose Lopez de Fuente, Cintra's director of operations in the United States and Latin American. Interestingly, it also included Dan Shelley, a high profile lobbyist who worked for Cintra before becoming Governor Perry's Legislative Director last year.
Provisions of HB3588 remove traditional and expected government transparency and encourage closed room negotiations and activities. We have previously noted that access to the CDA for ETR407, a public contract for another Cintra involved toll road in Canada, was denied public disclosure for more than two years after being signed despite the document itself saying that the agreement was not subject to confidentially protections.
Now San Antonio is getting a taste of TxDOT's highway toll monopoly zeal. The Cintra-Zachry team wants to harvest profits from Loop 1604 and US 281, but they don't want anyone looking over their plans. Not even those who are being asked to approve the proposal being pushed on San Antonio by the Texas Transportation Commission.
So why do you think Cintra-Zachry is volunteering to build toll roads across Texas? San Antonio should be asking why. Look at Harris County. The Harris County Toll Road Authority (authorized by voters at the ballot box) has built a network of toll roads without layering on the additional burden of private partner profits. According the Senator Jon Lindsay the Harris County authority generates a net profit of $50 million each year. Unlike private partner profits, Harris County's money is reinvested in to county transportation projects.
Gone is public disclosure, gone is public debate, gone is legislative oversight, gone is open and transparent government, gone is local control. In it's place we've got greed, privatized taxes not-so-cleverly renamed "tolls", and a massive head-long rush toward creating public highway monopolies that will, under HB2702, span up to 70 years.
=================
Order your CorridorWatch.org STOP THE TTC bumber stickers online today at:
http://www.corridorwatch.org/ttc/cw-stickers.htm
=================
Thank you for your interest and support !
CorridorWatch.org
Fayetteville, TX 78940-5468
=================
CorridorWatch.org PRESS STATEMENT - June 9, 2005
The Texas Attorney General's office has ruled that TxDOT must release hundreds of pages of the Comprehensive Development Agreement (CDA) kept secret in their deal with Cintra Zachry to develop Trans Texas Corridor TTC-35. Those portions not yet publicly released include the conceptual development and financial plans.
In today's issue of the Austin American-Statesman, Ben Wear reports TxDOT spokeswoman Gaby Garcia as telling them, "Cintra Zachry has indicated that it will file suit to contest the release of the approximately 200 pages of information."
This is of little surprise to CorridorWatch.org given the unprecedented confidentiality provisions introduced with HB3588 in 2003 and the atmosphere of secrecy it created. Within months of its passage TxDOT officials discussing TTC conceptual development and financial plans with potential proposers were telling them how well TxDOT could keep a secret. That discussion of TxDOT secrecy included Jose Lopez de Fuente, Cintra's director of operations in the United States and Latin American. Interestingly, it also included Dan Shelley, a high profile lobbyist who worked for Cintra before becoming Governor Perry's Legislative Director last year.
Provisions of HB3588 remove traditional and expected government transparency and encourage closed room negotiations and activities. We have previously noted that access to the CDA for ETR407, a public document contracting another Cintra involved toll road in Canada, was denied public disclosure for more than two years after being signed.
CorridorWatch.org is appalled that a public project of such magnitude and with the potential for disastrous impact on Texas and all Texans is being shielded from public scrutiny. The negotiations and resulting contractual terms will have lasting effects that merit extraordinary attention. We believe that the public is unaware that our system of open government is under gross attack. Not only is the public at large excluded from the process, but our elected officials are denied the oversight we expect them to exercise on our behalf.
David Stall
CorridorWatch.org
512.791.4628
512.828.6494 Fax
mailto:davidstall@corridorwatch.org
www.CorridorWatch.org
SURPRISE, SURPRISE, SURPRISE - - NOT !
If you missed the news, the Texas Attorney General's office has ruled that TxDOT must release hundreds of pages of the Comprehensive Development Agreement (CDA) kept secret in their deal with Cintra Zachry to develop Trans Texas Corridor TTC-35. Those portions not yet publicly released include the conceptual development and financial plans.
Today's issue of the Austin American-Statesman reports TxDOT spokeswoman Gaby Garcia as telling them, "Cintra Zachry has indicated that it will file suit to contest the release of the approximately 200 pages of information."
This is of little surprise to CorridorWatch.org given the unprecedented confidentiality provisions introduced with HB3588 in 2003 and the atmosphere of secrecy it created. Within months TxDOT officials discussing TTC conceptual development and financial plans with potential proposers were telling them how well TxDOT could keep a secret. Provisions of HB3588 remove traditional and expected government transparency and encourage closed room negotiations and activities. We have previously noted that access to the CDA for ETR407, a public document contracting another Cintra involved toll road in Canada, was denied disclosure for more than two years after signing.
Stay Tuned!
MORE CORRIDOR ACTION TO REPORT
> ATTORNEY GENERAL RULES AGAINST SECRET CDA
> 1,000 ATTEND THE LARGEST ANTI-TTC RALLY
> BUMPER STICKERS AVAILABLE ONLINE
> CORRIDORWATCH SIGNS IN SECOND PRINTING
=====================================
ATTORNEY GENERAL RULES AGAINST SECRET CDA
The Texas Attorney General has ruled that TxDOT cannot keep the signed Cintra CDA agreement secret. Two portions of that agreement have been withheld from public release despite earlier TxDOT claims that it would be made public once signed. The two parts still kept hidden from the public are the conceptual development and financial plans.
In the opinion letter dated May 31, 2005, the AG's office found:
"Having considered Cintra's arguments and reviewed the information at issue, we conclude that Cintra has failed to make a prima facie case that its information constitutes trade secrets. Further, we find that Cintra has made only conclusory allegations that release of the requested information would cause the company substantial competitive injury and has provided no specific factual or evidentiary showing to support these allegations."
The entire ruling can be read online at:
http://www.CorridorWatch.org/ttc/cw-or2005-04699.htm
CorridorWatch.org will not be surprised if Cintra contests this ruling. It has been reported that a similar agreement in Ontario, Canada, for ETR407 was to be made public upon signing that the it took legal action and two-years before that agreement was released.
-=-=-=-=-
1,000 ATTEND THE STATES LARGEST ANTI-TTC RALLY
The Blackland Coalition attracted a crowd of 1,000 to a rally at Seaton Star Hall near Temple, Texas, on Friday, June 3rd. This is the largest crowd ever! Participants heard from Blackland Coalition leadership, Comptroller Carole Keeton Strayhorn, and both David and Linda Stall of CorridorWatch.org.
The well organized program included information about TTC-35 from Blackland Coalition Chairman Ralph Snyder; environmental impact comments by Mickey Burleson; discussion of eminent domain issues by Austin attorney Mike Barron; and, petition drive remarks from Leonard Cobb. Through out the program attendees paid close attention, studied handouts, and took notes.
Keynote speaker Comptroller Carole Keeton Strayhorn gave an impassioned speech blasting the Trans Texas Corridor project. Her remarks were well received by the audience.
For event photographs and additional information visit:
http://www.CorridorWatch.org/blackland
-=-=-=-=-
STOP the TTC BUMPER STICKERS NOW AVAILABLE ONLINE
They're here!
3-inch by 11.5-inch weatherproof red, white and blue stickers with removable adhesive are ready for your bumper, rear window or any other smooth surface.
You can see these sharp looking stickers and order them online at:
http://www.corridorwatch.org/ttc/cw-stickers.htm
Support a good cause. Place your order today. Put one on everything you own! All proceeds benefit CorridorWatch.org.
-=-=-=-=-
CORRIDORWATCH.ORG TRESPASSING SIGNS IN THIRD PRINTING
Yes! We sold out of signs again last Friday at the Blackland Coalition rally and have gone back to print more signs this week.
Raise public awareness of the TTC and help support CorridorWatch.org efforts – Buy and display a No TxDOT Trespassing sign on your fence or gate.
See the signs and get more information at:
http://www.corridorwatch.org/ttc/cw-signs.htm
-=-=-=-=-
Thank you for your interest, concern and support,
David & Linda Stall
CorridorWatch.org
Toll road project can't be a secret
By RAD SALLEE Copyright 2005 Houston Chronicle
The Texas Attorney General's Office agrees with the Chronicle that citizens have a right to know how a private development group plans to build and finance a toll road from Dallas to San Antonio.
On March 11, the Texas Department of Transportation and the consortium Cintra-Zachry signed a comprehensive development agreement for TTC-35, the first leg of the Trans-Texas Corridor. Eventually, the route could extend from Oklahoma to Mexico and include rail, utilities and other facilities.
The pact was signed with a good bit of fanfare, and — except for two key parts — it was made public. (See it at www.keeptexasmoving.org.) But TxDOT withheld the financial and development plans, saying they contained proprietary information.
Officials said releasing these details could harm Cintra-Zachry competitively and discourage companies who might seek to develop other legs of the corridor, such as TTC/I-69, proposed to run from Texarkana to Mexico past Houston.
The attorney general's opinion says TxDOT failed to show how revealing the plans would cause harm. It also says that because the agreement has been signed, the deal being negotiated is no longer protected by law from disclosure.
TxDOT and Cintra-Zachry may sue to overturn the ruling. Both are reviewing the ruling but have not decided what action to take, spokespersons said.
Trans-Texas Corridor PING!
the whole shindig is the antithesis of an open society.
it's crooked and secret.
Thanks for the ping!
Mama has a habit of being right.
http://www.sanantoniolightning.com/snitchtoll.html
I Toll You So!
Zachry Construction Threatens
Lightning With Legal Charges
'Don't Dare To Publish It!!'
SAL POLITICAL SNITCH
06/13/2005
Oh Mama!
The following is a response to my boss, RG Griffing, and his consideration of publishing "secret" provisions of the toll road construction contracts in and around San Antonio.
The email below came from Zachry Group.
The corporate construction giant is a major player in the toll road hustle.
Zachry management is not amused.
Read on.
Mr. Griffing:
This message confirms our earlier discussion in which we advised you that disclosure of materials contained in proposals to the Texas Department of Transportation(TxDOT)could constitute the misappropriation of valuable trade secrets of Zachry Construction Company, its partners,affiliates and other companies whose information is contained in those proposals.
We caution you that Texas law provides a mechanism for (1) the disclosure of information that is "public" and(2)the protection of confidential and proprietary trade secret information. Based on what you have told us, publication of the information you are considering publishing would be contrary to those laws, and cause significant damage to the private parties involved.
If you participate in any public release of such information we will take all actions permissible under the law to pursue our remedies including seeking financial compensation for our damages. In addition to private parties pursuing their own remedies, we would contact appropriate officials regarding whether your actions violate Section 552.352 of the Government Code, which makes it a criminal act to distribute information considered confidential under the terms of the public information act.
To the extent you come into possession of such information through unofficial means we urge you to immediately return all copies to TxDOT, and provide TxDOT all information you have about the person who distributed the confidential information to you. We recommend that if you wish to obtain information about or contained in any proposal you contact the Department of Transportation which can process your request in the manner specified by law, and release what is eligible to be released.
Victoria J. Waddy
Director of Public Affairs and Attorney
Zachry Group, Inc.
310 S. St. Mary's St. Suite 2400
San Antonio, Texas 78205
- Developing -
* * *
see top of thread.
thanks,
ken
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.