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.
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Order your CorridorWatch.org STOP THE TTC bumber stickers online today at:
http://www.corridorwatch.org/ttc/cw-stickers.htm
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Thank you for your interest and support !
CorridorWatch.org
Fayetteville, TX 78940-5468
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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
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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.
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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
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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.
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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
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Thank you for your interest, concern and support,
David & Linda Stall
CorridorWatch.org
Trans-Texas Corridor PING!
Mama has a habit of being right.