Texans say: No stimulus money for toll roads

PRESS ADVISORY


Texans to TxDOT:  No stimulus funds for toll roads! Slow down and fix it first, invest stimulus wisely

Austin, TX, March 3, 2009 – The Texas Transportation Commission is poised to ram through $1.7 billion of new stimulus-funded projects at their meeting Thursday. The project list is chock full of controversial projects, including the Grand Parkway in Houston, the US-281 toll road across the Edwards aquifer in San Antonio, more toll roads to nowhere, and sprawl highways through environmentally-sensitive areas. Further, many Texans object to spending stimulus on toll roads.

On Tuesday morning, Texans from across the state will converge at the capitol to demand that Texas Department of Transportation (TxDOT) slow down and do this right. We must ensure our federal stimulus isn't wasted on boondoggles!

What: Joint citizen press conference on stimulus funds

Who:
Texans United for Reform and Freedom (TURF), Terri Hall,
Sierra Club Lone Star Chapter, Ken Kramer,
Environment Texas, Alejandro Savransky,
Independent Texans, Linda Curtis,
Houston Tomorrow, Jay Crossley,
Citizens' Transportation Coalition (CTC), Robin Holzer,

When: Tuesday, Mar 3, 2009 at 9:15 am

Where: East steps of the Texas capitol, Austin, TX

Visuals: Texas capitol, Texans on the steps, TxDOT headquarters across the street

Background:
In February, the American Recovery and Reinvestment Act (ARRA) allocated $2.25 billion in federal transportation funds to Texas. The US Department of Transportation (DOT) will allow states up to one year to decide which projects to build.

Interchange to nowhere, stimulus fiasco


IMMEDIATE RELEASE

AGUA/TURF question status of 281/1604 interchange, stimulus funds

 

San Antonio, TX, February 23, 2009 – AGUA and TURF have concerns about the status of the 281/1604 interchange in light of the Metropolitan Planning Organization’s (MPO) vote today to submit it as a "shovel ready" project for stimulus funds.

“While we welcome ANY non-toll funding to FINALLY complete these projects, we have to ask…what will this interchange connect with? Toll lanes or non-toll lanes? Will it only connect with what’s there now or what? How can they build an interchange without knowing what sort of lanes it’ll connect with?” Terri Hall, Founder of TURF, asks.

Enrique Valdivia, President of the Board of Aquifer Guardians in Urban Areas (AGUA) wondered, ”We’re concerned that stimulus money is being used to fund projects within the scope of the issues we've raised in our lawsuit.”


Hall says the non-toll fix to 281 and1604 and the interchange should all be on the table. While the toll road clearance has been pulled, there are provisions in the law that would allow all these improvements to move forward as scaled down non-toll projects if the politicians would demand that TxDOT work with community groups to agree on a less invasive, more affordable plan.

“Until now, TxDOT and the RMA have REFUSED to negotiate. They want a massive toll road that steals our freeway and raids our wallets,” Hall said.

Citizens have been clamoring to get the original, non-toll freeway plan built on 281 for 4 years, and they have recently launched a campaign to pressure politicians in the area to get the job done. View it here. The freeway fix was promised in public hearings in 2001, had environmental clearance, no opposition, and it was funded with gas taxes in 2003. Then the Texas Legislature, including State Rep. Frank Corte and Sen. Jeff Wentworth, voted for Governor Rick Perry’s toll road plans. That’s when 281 FREEway improvements were turned into a toll plan instead.

“It’s all about the money. Our politicians want to tap the vein and charge 281 commuters an extra tax to get to work in order to fund their pet projects elsewhere. It’s highway robbery and citizens, rightly, went nuclear to stop it,” Hall declared.

Though the Alamo Regional Mobility Authority (ARMA) and TxDOT stubbornly claim there is no money or environmental clearance to fix 281, [the money is still there in Metropolitan Planning Organization (MPO) documents], $425 million total, which is more than enough for the less invasive original plan AND the interchange at 281/1604 and the most congested areas of 1604.

“The stalemate over 281 isn’t about lack of money or lack of clearance, it’s about a lack of political will. It’s about rogue bureaucrats and unresponsive politicians who can magically produce $20 million for an overpass for wealthy campaign donors in the Dominion, yet they’d have us believe the same ‘can’t’ be done on 281. The pathway to a solution the taxpayers and environmental groups are happy with is ripe for the picking, but our politicians refuse to choose it. They want our money, and they don’t care about the environment or whose lives’ they’re wrecking to do it,” Hall noted.

Judge keeps 281 lawsuit alive

IMMEDIATE RELEASE


FEDERAL JUDGE RETAINS OVERSIGHT OF US 281 AND LOOP 1604 PROJECTS

San Antonio, TX – February 6, 2009 - Yesterday, U.S. District Judge Fred Biery turned to common sense, “old lessons,” the wisdom of Aristotle, and even a bit of poetry in a ruling on the lawsuit filed by Aquifer Guardians in Urban Areas (AGUA) and Texans United for Reform and Freedom (TURF) against the Texas Department of Transportation (TxDOT), the Federal Highway Administration (FHWA), and the Alamo Regional Mobility Authority (ARMA) over the proposed US 281 and Loop 1604 toll roads.

Specifically, Judge Biery denied motions by FHWA, TxDOT and ARMA to dismiss the case as moot.  Instead, the Judge took an interim step that left the case closed but pending on the court’s docket and subject to further requests for relief by the parties.  At the same time, Biery denied motions by the Plaintiffs to order the Defendants to release study documents on the proposed toll roads that were previously withheld.


While stopping short of ordering the Defendants to study the proposed, intersecting US 281 and Loop 1604 projects together in one comprehensive environmental study, Judge Biery wrote that while “the Court has no highway engineering expertise, it seems commonsensical that two intersecting parts costing billions would be connected to create an Aristotelian whole.”

In response to the lawsuit, FHWA had previously reversed course on US 281, revoking its approval and ordering TxDOT to prepare a full Environmental Impact Statement on the proposed seven mile long toll road.  The project would extend from Loop 1604 north to the Comal County line.  TxDOT had also recommended that the proposed 36-mile long Loop 1604 toll road, which similarly traverses the recharge zone for the Edwards Aquifer, be approved without an EIS.  But in recent months ARMA has stepped forward to begin the process of preparing preparing EISs on both projects.  All of the Defendants, however, have resisted Plaintiffs demands that the two projects be studied together, in a single study on what ARMA has called its “starter toll system.”

The court makes clear that it will watch the next moves from FHWA and TxDOT and that it expects “transparency and public participation” in the decision-making process.

Judge Biery’s six page order writes of “Uncle Fred and Aunt Della Grantham . . . [who] knew nothing about computers or air conditioning or environmental impact statements, but they were wise enough not to build the privy close to their water supply.”

In leaving the case pending, Judge Biery wrote that while the projects remain “at a red light, the issues of water quality and quantity and traffic gridlock will not disappear into the legal smog. . . .  What is known is that we, like the dinosaurs and the cockroaches, will either adapt, move or die.”  He concluded with this adaptation of John Donne’s meditation of 1624 (which, in turn, inspired Hemingway’s novel, “For Whom the Bell Tolls.”

“No San Antonian is an island, entire of itself;
Each is a piece of South Texas, a part of the Edwards escarpment.
If our refuse washes into the aquifer,
all are the less.

And species’ death diminishes the whole,
Because we are all involved in life,
and therefore never send to ask for whom the road tolls;
it tolls for thee.”

Representatives for the Plaintiffs deferred comment for another day, preferring that the people of San Antonio consider the words of the court.

To read the Court’s opinion, go here.

TURF, Toll Party endorse Pape Dawson's 281 plan


IMMEDIATE RELEASE

Grassroots hail Pape Dawson’s interim fix for 281

San Antonio, TX, February 5, 2009 – Gene Dawson, President of Pape Dawson Engineers, saw a problem, unbelievable gridlock on 281 North of 1604, and he was just the guy who knew how to fix it. Pape Dawson has been briefing neighborhood groups on what many see as a workable interim solution to help get weary commuters on 281 N moving again.

What’s the best part about it? The fix is only $7.2 million, can clear environmental hurdles, boost traffic flow by 40%, and be done by the end of the year. See the schematic of the proposed J-turn intersections here. It’s called a superstreet, and they’ve been successfully implemented in North Carolina, Michigan, and Ohio and could be an affordable solution applied to other parts of Bexar County, like 1604 and Braun Rd. area and on Bandera Rd.

“The grassroots are thrilled at the truly innovative solution Pape Dawson has brought to the table. It shows how we don’t need a 20 lane toll road plan to get traffic moving again. It also shows that there's plenty of talent in this community to get the long-term fix on 281 when we all work together toward a sensible, speedy solution. While we believe the long-term solution to the county line can commence in months not years if the politicians would insist TxDOT work with community groups to agree on a less invasive, more affordable plan, this superstreet will at least stop the bleeding,” Terri Hall, Founder of TURF and the San Antonio Toll Party, relates.

Citizens have been clamoring to get the original, non-toll freeway plan built on 281 for 4 years, and they have recently launched a campaign to pressure politicians in the area to get the job done. View it here. The freeway fix was promised in public hearings in 2001, had environmental clearance, no opposition, and it was funded with gas taxes in 2003. Then the Texas Legislature, including State Rep. Frank Corte and Sen. Jeff Wentworth, voted for Governor Rick Perry’s toll road plans. That’s when 281 FREEway improvements were turned into a toll plan instead.

“It’s all about the money. Our politicians want to tap the vein and charge 281 commuters an extra tax to get to work in order to fund their pet projects elsewhere. It’s highway robbery and citizens, rightly, went nuclear to stop it,” Hall declared.

Though the Alamo Regional Mobility Authority (ARMA) and TxDOT stubbornly claim there is no money or environmental clearance to fix 281, the money is still there in Metropolitan Planning Organization (MPO) documents, $425 million total, which is more than enough for the less invasive original plan AND the interchange at 281/1604.

“There are provisions in the law that would allow the project to commence with environmental clearance, and these agencies know it. They vehemently deny it because their jobs depend on it.

“The stalemate over 281 isn’t about lack of money or lack of clearance, it’s about a lack of political will. It’s about rogue bureaucrats and unresponsive politicians who can magically produce $20 million for an overpass for wealthy campaign donors in the Dominion, yet they’d have us believe the same ‘can’t’ be done on 281. The pathway to a solution the taxpayers and environmental groups are happy with is ripe for the picking, but our politicians refuse to choose it. They want our money, and they don’t care about the environment or whose lives’ they’re wrecking to do it,” Hall noted.

City of San Antonio to change ordinance due to TURF lawsuit

IMMEDIATE RELEASE

City of San Antonio to gag political speech in proposed change to ordinance

City’s hypocrisy seen in “Vagina Monologues” banner being hung, yet it denied toll road/recall banners for being too “controversial”

San Antonio, TX, January 29, 2009 – Today, the San Antonio City Council will consider a change (agenda item #21) that would gag political speech in its street banner ordinance in response to TURF’s lawsuit over the City’s approval then abrupt denial of two street banners.

TURF filed suit against the City in United States District Court on December 2, 2008 for infringing upon its free speech for denying two street banners: one announcing a recall petition drive involving District 8 Councilwoman Diane Cibrian that directed citizens to a recall web site (www.RecallDiane.com) and another announcing a web site www.281OverpassesNow.com with non-toll solutions to fix Hwy 281 N.

This proposed change in ordinance is a direct response to the litigation still pending before the court. The City’s Development Services Department brief submitted to the Council for this agenda item by Director Rod Sanchez makes legal claims that remain an open question before the court. Whether or not the space above streets and between utility poles is a traditional public forum or not and whether or not the City can restrict free speech in this forum is not a settled matter. Judge Xavier Rodriguez' ruling even states that the plaintiffs may prevail.

.
“To make changes to the ordinance prior to any final action by the court is beyond the pale. The Judge stated in his first ruling that ‘...There is a distinct possibility that the plaintiffs may ultimately prevail on the claim that the ordinance violates the First Amendment as applied to them...’ so for the City to act now is entirely premature and may invite further First Amendment challenges over the blatant restriction of free speech in this forum.

“”Protecting political speech and the right to dissent in a public forum was the primary purpose of the First Amendment. This case has enormous implications for future First Amendment rights over public streets. We’re urging the City to pull this agenda item until the litigation is settled and we ask that Councilwoman Diane Cibrian recuse herself from any action on this agenda item since one of the banners involved a recall of the Councilwoman,” states a concerned Terri Hall, TURF Founder and Director.

Then, in a turn of events that can only be construed as a double standard, the City at this very moment has granted a permit for a banner emblazoned with "Vagina Monologues" (see photo here) that’s hanging above Alamo Street near Durango, yet the same entity denied TURF’s banner about toll roads and a recall campaign for being what it claimed was too “controversial.”

“Isn't ‘Vagina Monologues’ controversial if not more so than toll roads? Some might call it outright offensive or even obscene speech. This unequal application of the ordinance bolsters our claim that the City is discriminating against TURF based on the content of its banner and suggests the City is blatantly suppressing TURF’s message while giving other controversial messages a free pass,” notes Hall.

For background on the case: go here

See complete text of comments submitted to the City Council below:


To be read prior to any vote on Agenda Item #21 regarding changes to the City Code for Street Banners

Submitted by Terri Hall, Founder of Texans Uniting for Reform and Freedom (TURF), a non-profit, all-volunteer grassroots group promoting non-toll transportation solutions

Public comment on First Amendment Street Banner concerns

This agenda item is a direct response to a lawsuit filed by TURF challenging the City Development Services Department’s denial of permits for (2) TURF street banners under the current ordinance which reads: temporary signs “…must advertise or promote a non-commercial, not for private profit event, a charitable community drive, or a community announcement.”

This case is still in litigation and it is beyond the pale to make changes to this ordinance until the case is settled. Whether or not the City can restrict free speech based on content in this forum is an open question before the court that ought to be fully considered prior to any changes in the City code.

United States Judge Xavier Rodriguez states in his initial ruling: "Given the lack of definitions or limiting terms in the Code and the placement of decision-making authority in the director of development services, the ordinance appears to allow virtually unfettered discretion in the director to determine what qualifies as a 'community announcement.' Standing alone, this evidence would suggest that the ordinance is constitutionally problematic because that amount of discretion seems unreasonable in light of the nature of the forum and could permit the director to make decisions based on viewpoint.

"...There is a distinct possibility that the plaintiffs may ultimately prevail on the claim that the ordinance violates the First Amendment as applied to them..."

Whether or not the space above streets and between utility poles is a traditional public forum or not is an open question before the court where the plaintiffs may prevail. In the brief by Mr. Sanchez, he tries to claim the City has consistently shut out political speech. Yet based on the blatantly contradictory testimony in the case, it is NOT clear as to whether or not a consistent application of the ordinance has been applied since the City approved the banners knowing the content only to later deny them after much deliberation and confusion ensued about whether or not the banners were permissible under the code.

When the City denied the banners it stated TURF didn’t meet “the category and definition” only to later claim in court documents that the message of the banners is “controversial,” and therefore the legal basis for its denial. However, the statute gives the City no such authority to deny permits based on content, which violates of the citizens’ First Amendment rights in the U.S. Constitution.

Then, in a turn of events that can only be construed as a double standard, the City at this very moment has granted a permit for a banner emblazoned with "Vagina Monologues" (see photo here) that’s hanging above Alamo Street near Durango, yet the same entity denied TURF’s banner about toll roads and a recall campaign, which the City approved and then later denied for being what it claimed was too controversial! Isn't "Vagina Monologues" controversial if not more so than toll roads?! Some might call it outright offensive or even vulgar and obscene speech. This unequal application of the ordinance bolsters our claim that the City is discriminating against TURF based on the content of its banner and suggests the City is blatantly suppressing TURF’s message while giving other controversial messages a free pass.

The City of San Antonio seems to lack the proper respect for Free Speech and the fair treatment of ALL groups, regardless of their make-up or message. The City denied TURF’s banners simply because it disagrees with the message of toll opponents. We the people own the public right of way, and the First Amendment protects the citizens from government gag orders on speech, particularly political speech.

First, we ask that this agenda be pulled and that any changes to the ordinance occur after the lawsuit is settled and the public is allowed to fully weigh-in on this crucial Free Speech issue. Second, Councilwoman Diane Cibrian should recuse herself from any action relating to this item since one of the banners involves a recall campaign for the councilwoman.

Planning Commission takes on TxDOT, Trans Texas Corridor in Nacogdoches


TURF Board member Hank Gilbert is the President of the 391 planning commission in the Piney Woods/Nacogdoches region and they're using local government to challenge the Trans Texas Corridor. Go Hank!

PRESS RELEASE -January 16, 2009

PWSRPC Hosts Meeting with TxDOT, EPA Next

The Piney Woods Sub-Regional Planning Commission (PWSRPC) took another step in the process of maintaining local control of future highway construction during a meeting held with TxDOT representatives last week.  The over-flow capacity crowd of public supporters caused the PWSRPC-TxDOT meeting to be moved to a much larger meeting room in the Nacogdoches County Courthouse Annex.  This did not miss the attention of the three TxDOT officials, two of which were from the Austin Office, and the panel of consultants TxDOT brought with them, as nearly a hundred local citizens turned out to hear the Planning Commission's President, Hank Gilbert, grill TxDOT as to their plans.


Doug Booher, 'on the scene' Environmental Manager stated, "We're not going to pursue the 4,000 mile network.  We are going to continue to pursue two individual projects; one of them would be the I-35 corridor project and the other one would be the I-69 corridor project."

When asked the question from the attending audience about a loop that once was planned to go around the West side of Nacogdoches, Booher stated, "I'm sure those plans would be dusted off and looked at again."  He also stated the name 'Trans Texas Corridor' would be 'phased out' and mentioned several times that tolling and public/private partnerships (by foreign investors) would still be an option in TxDOT's transportation plans.

Hank Gilbert also expressed to PWSRPC members that he is concerned about legislation Governor Perry may try to pass that would eliminate SRPC's, such as the Piney Woods.

"We have people watching out for such legislation and if it is introduced, we will need for the citizens of Texas to call their Representatives and let them know that they want to keep their local SRPC's," Gilbert stated.

The strong show of public support for the PWSRPC's meeting with TxDOT validates the desire of the public for input and information.  The NEXT Piney Woods Sub-Regional Planning Commission meeting will be with the Environmental Protection Agency (EPA) Representatives on Thursday, February 5, at 10:00 a.m. in the Nacogdoches County Annex.  This will also be an open meeting and the public is urged to attend.  As Board Member Larry Shelton has stated, "You are either at the table or you are on the menu."

TTC is NOT dead

IMMEDIATE RELEASE

Trans Texas Corridor renamed, not dead

TURF supporters demand ACTION, not rhetoric

TURF reaction to TxDOT announcement:

The announcement by TxDOT Executive Director Amadeo Saenz at the Texas Transportation Forum that the "Trans Texas Corridor, as it was originally envisioned, is no more," is just another in a series of comments to lead opponents into believing the Trans Texas Corridor is indeed dead. TURF believes this is a deliberate move to dupe opponents into complacency, and we expect iron-clad action before we begin celebrating victory.

It's clear from the TxDOT Director's speech, that it's only a name change and the Trans Texas Corridor is, in reality, going underground.

This fact is evident in just about every news source across the state:

"'Amadeo told folks at the forum that the Trans-Texas Corridor, as it was originally envisioned, is no more,' Amacker (Saenz spokesperson) said. 'Instead, what we've got is a series of smaller projects.'

Those 'smaller projects' will apparently include the 300-plus miles of what has been called TTC-35 from San Antonio to the Oklahoma border and the I-69 project from the Rio Grande Valley to Texarkana. But they will not be called the Trans-Texas Corridor." -- Austin American Statesman

________________________________________________________

"Other than backpedaling from the Trans-Texas Corridor brand, and the goals and priorities set over the years, the Trans-Texas Corridor remains intact.

TxDOT still plans to partner with private corporations to build and lease projects. Toll roads, truck-only lanes and rail lanes are also still on the table.

Environmental studies for the I-35 and East Texas corridor segments still chug through the pipeline. And a development contract with Cintra of Spain and Zachry Construction Co. of San Antonio, for projects paralleling I-35, is still valid." -- San Antonio Express-News

_________________________________________________________

"The renewed effort now will operate under the name 'Innovative Connectivity Plan.'" -- Houston Chronicle
_________________________________________________________

No law has been changed, no minute order rescinded, no environmental document re-done (as is required by federal law), and there are still two contracts signed giving two Spanish companies the right of first refusal on segments of the corridor previously known as TTC-35  & TTC-69. So by every real measure, the Trans Texas Corridor goes on full steam ahead. What today's hype was about is a political ploy to make the public go back to sleep while it gets built under a different name. While we welcome genuine responsiveness from TxDOT and a true repeal of the Trans Texas Corridor, this hardly qualifies.

Lets just say, we agree with Senator Robert Nichols' statement in the Dallas Morning News:

"If it is just a name change, and nothing more, I don't think that is going to do much to appease lawmakers," said Nichols, R-Jacksonville.

Judge hears evidence in TURF lawsuit against City of San Antonio

IMMEDIATE RELEASE

Judge hears evidence in TURF lawsuit against City of San Antonio

City denied TURF permits to hang banners
above roadways
 
San Antonio, TX, January 6, 2009  – Monday, United States District Judge Xavier Rodriguez heard TURF’s motion for a temporary restraining order and motion for a preliminary injunction against the City of San Antonio for denying TURF permits to hang two banners in the public right of way, which TURF believes is a blatant violation of the First Amendment of the U.S. Constitution.

After hearing more than 3 hours of evidence and testimony, Judge Rodriguez did not rule but said he intends to rule by the end of this week. Rodriguez repeatedly and openly struggled with the fact that the City at one point approved the banners only to later deny them with no legal basis other than the arbitrary interpretation of City employees. He also stated he’s wrestling with the City’s discrimination based on viewpoint and other key legal arguments noted by TURF attorney David Van Os.

One City employee, Arturo Elizondo, who initially granted permission for the banners only to later deny them, contradicted the testimony of his supervisor, David Simpson, which, by his own admission, baffled the Judge. The explanation for their denial changed stories several times and morphed into what amounts to legislating on the fly in order divine some excuse to deny approval of the banners.

 
“First the City denied our banners saying we didn’t meet the ‘definition,’ now they’re saying they denied the banners because the content or message of the banners was ‘controversial.’ They’re making this stuff up on the fly, demonstrating for all of us that this is a politically-motivated gag order of citizens who dare oppose the politics of those in power. The City’s reasons for denial are NOT in the ordinance, plain and simple. The Judge even said so on several occasions,” states TURF Founder, Terri Hall.

“It’s no secret that Mayor Hardberger and many Councilmembers as well as City staff who sit on the Metropolitan Planning Organization (MPO) have cast votes for and advocated toll roads. Based on the City’s actions, one can conclude that the City will not tolerate differing viewpoints or give fair and equal access to citizens’ groups wishing to utilize temporary banners to communicate important community information to its fellow citizens in the public’s right of way,” Hall added.

Background:
The City claims the speech/message of the banners is “controversial” and therefore the legal basis for its denial; however, the statute gives the City no such authority to deny permits based on content, which violates of the citizens’ First Amendment rights in the U.S. Constitution.

Through TURF’s efforts to inform the public about the gas tax original plan for 281 and the recall of pro-toll, flip-flopper District 8 Councilwoman Diane Cibrian, it applied for permits from the City of San Antonio to place banners above the roadways at key locations. TURF was originally granted permission only to have that permission later rescinded once the higher-ups at the City caught wind of TURF’s banner messages: one directing people to the www.281OverpassesNow.com web site and the other to the www.RecallDiane.com web site. One of the banners had already been made at a cost of nearly $700!

TURF sues City of San Antonio over free speech

PRESS ADVISORY

TURF sues City of
San Antonio for infringing on Free Speech
City denied TURF permits to hang banners
above roadways

San Antonio, TX  – On Monday, January 5 at 2:30 PM, United States District Judge Xavier Rodriguez will hear TURF’s motion for a temporary restraining order and motion for a preliminary injunction against the City of San Antonio for denying TURF permits to hang two banners in the public right of way, which TURF believes is a blatant violation of the First Amendment of the U.S. Constitution..

Through TURF’s efforts to inform the public about the gas tax original plan for 281 and the recall of pro-toll, flip-flopper District 8 Councilwoman Diane Cibrian, it applied for permits from the City of San Antonio to place banners above the roadways at key locations. TURF was originally granted permission only to have that permission later rescinded once the higher-ups at the City caught wind of TURF’s banner messages: one directing people to the www.281OverpassesNow.com web site and the other to the www.RecallDiane.com web site. One of the banners had already been made at a cost of nearly $700!

WHO: The concerned citizens of TURF

WHAT: Hearing for a temporary restraining order and preliminary injunction against the City of San Antonio for violation of citizens’ Free Speech

WHERE/WHEN: Judge Xavier Rodriguez’ courtroom on Monday, January 5 at 2:30 PM in Courtroom 3 on the first floor of the John Wood United States Courthouse at 655 E. Durango Blvd.

“Clearly, the City of San Antonio has no respect for Free Speech nor fair treatment of ALL groups, regardless of their make-up or message. The City denied our banners simply because it disagrees with the message of toll opponents. We the people own the public right of way, and the First Amendment protects the citizens from government gag orders on speech. We hope the court will right this wrong and allow our banners to be hung,” states TURF Founder, Terri Hall.

The City claims the speech/message of the banners is “controversial” and therefore the legal basis for its denial; however, the statute gives the City no such authority to deny permits based on content, which violates of the citizens’ First Amendment rights in the U.S. Constitution.

Citizens demand fix to 281 NOW

IMMEDIATE RELEASE

Citizens demand fix to 281 NOW

San Antonio, TX, October 24, 2008  – Concerned citizens with the San Antonio Toll Party and Aquifer Guardians in Urban Areas (AGUA) joined District 122 Candidate for State Representative Frances Carnot in a joint press conference to demand the Texas Department of Transportation (TxDOT) work with the citizens to fix the gridlock on US 281 (north of Loop 1604) now. TxDOT and the Alamo Regional Mobility Authority are misleading the public into believing NO fix to 281 can move forward for 3-5 years, which is patently false.

The environmental clearance got pulled for the US 281 toll project ONLY. There are provisions in the law that would allow the original gas tax funded 281 overpass and expansion plan (www.281OverpassesNOW.com) to move forward in just over 30 days.

Texans Uniting for Reform and Freedom (TURF) and Aquifer Guardians in Urban Areas (AGUA), whose lawsuit is still active in federal court despite TxDOT’s announcement to pull the clearance for US 281, have asked for a meeting to discuss an immediate solution with Transportation Commission Chairwoman Deirdre Delisi and she’s refused.

“Our desire is to work with TxDOT to alleviate the congestion on US 281 as quickly as possible, but they refuse. Instead, they continue to hammer weary commuters with their stubborn ‘toll roads or no roads’ club,” states an outraged Terri Hall, Founder the San Antonio Toll Party and Texas TURF.org.

“Even with the toll road off the table for the foreseeable future, TxDOT continues to behave like a rogue agency who puts profits over the public good. Politicians for the district, State Representative Frank Corte and Senator Jeff Wentworth, continue to sit idly by and let this crisis fester rather than demonstrate effective leadership and exercise legislative oversight over this out of control agency by getting the overpass plan built NOW,” Hall notes.

“Perhaps the citizens cries for help are being repeatedly ignored because Corte doesn’t even live in District 122? Does he even care what his constituents and the businesses in this corridor are needlessly suffering at the hands of a rogue agency over whom he has oversight?” asks Hall.

The citizens and businesses in the 281 corridor deserve better, and they plan to step-up their efforts with a 5 point plan to get the overpass plan built immediately. Step one: take their anger to the ballot box!

“From day one the citizens have insisted that the least invasive, most affordable solution be built on 281 immediately, and that’s clearly the original gas tax funded overpass plan. It’s one-tenth the price ($170 million versus the $1.3 billion toll project), half the size (10 lanes versus 20 lanes), and would take less than half the time to build (18 months versus 3.8 years). It’s inexcusable abusive government and sheer greed to hold commuters hostage a single day longer,” Hall insists.

TURF launches new campaign: www.281OverpassesNow.com

IMMEDIATE RELEASE

TURF launches campaign demanding overpasses for 281 NOW

San Antonio, TX, Wednesday, September 10, 2008 – Citizens fed-up with delays to the fix on 281 have launched a new campaign to demand the gas tax funded fix to 281 be installed immediately, not a toll road. A new web site www.281OverpassesNow.com is chalk-full of documentation, videos, and data including a comparison of the “original” gas tax funded fix to 281 to the enormously expensive $1.3 billion dollar toll road plan.

“We don’t need a toll road, we need overpasses,” notes Terri Hall, TURF Founder. “The QUICKEST, most affordable, least invasive solution has been promised in public hearings since 2001 and funded with gas taxes since 2003. When they can fix 281 for $170 million and keep it a freeway instead of waste $1.3 billion and take nearly 4 years to make it a toll road few can afford, it borders on malfeasance to REFUSE to do the fiscally responsible solution IMMEDIATELY.”

After exhausting every other means to stop the toll road for three years, the citizens through TURF along with co-plaintiff’s Aquifer Guardians in Urban Areas, or AGUA, filed a lawsuit in February to stop the toll road in order to advance the gas tax freeway fix. On the day the lawsuit was filed, the two parties announced there is NO opposition to installing the promised and funded overpasses and expansion of 281 from either group.

In what amounts to a total victory for the grassroots, TxDOT had to ask the court for a 60-day delay in the 281 lawsuit to buy time to persuade the Federal Highway Administration (FHWA) NOT to yank its environmental clearance for the 281 toll project. Through the discovery process of the TURF/AGUA lawsuit, it's been discovered that TxDOT withheld key documents not only from the public and TURF attorneys, but also the feds!

TxDOT purposely withheld a key study from a geologist they hired that stated the potential long-term effects of the toll road on the Edwards Aquifer could be “severe.” Such a study didn't conclude what TxDOT wanted it to in order to get clearance from the feds, so they intentionally hid the report and failed to submit it to the FHWA who uses that crucial information in their decision on whether or not to give federal approval for the project.

There is also an email that shows TxDOT tried to "fix" the environmental work for 281 to pre-determine a "Finding of No Significant Impact" (or FONSI) BEFORE the study even began. TxDOT then hired a company, HNTB, to do the so-called "independent" environmental study even though HNTB has a MAJOR conflict of interest, in that, the tolling authority (ARMA) also hired HNTB to do the preliminary engineering for all their toll projects! So HNTB had a vested interest in a "Finding of No Significant Impact" (or FONSI).

“TxDOT and the RMA blame us for the delay instead of their own incompetence and deception. As usual, they seem to think they can wiggle out of their corruption without consequences simply by supplementing the record. They were FORCED to come clean through a lawsuit brought by concerned citizens, not by them being forthcoming,” said Hall. “We will NOT tolerate willful deception nor politicians’ stubborn refusal to give taxpayers the most affordable fix to 281. Give us the overpasses on 281 NOW.”
###

TxDOT caught hiding 281 docs from the feds

IMMEDIATE RELEASE

TxDOT CAUGHT IN DECEPTION!
TxDOT hid 281 documents from the feds, asks court for 60 day delay on 281 case

San Antonio, TX, Thursday, August 7, 2008 - In what amounts to a total victory for the grassroots, TxDOT has to ask a Bexar County federal district court for a 60 day delay in TURF's 281 toll road lawsuit so they can beg the Federal Highway Administration (FHWA) NOT to yank their environmental clearance for the US 281 toll project. Through the discovery process of the lawsuit filed by TURF and Aquifer Guardians in Urban Areas (or AGUA), Judge Fred Biery required TxDOT to hand over the complete administrative record for US 281, including all the financials and the documents from when the improvements were funded with gas taxes that would keep US 281 a FREEway. It's been discovered that TxDOT withheld key documents not only from the public and TURF attorneys, but also the FHWA!

There is an extensive email record that shows TxDOT tried to "fix" the environmental work for US 281 to pre-determine a "Finding of No Significant Impact" (or FONSI) BEFORE the environmental study was even conducted.

"They rigged it! That is a DIRECT VIOLATION OF FEDERAL LAW," says TURF Founder, Terri Hall.

TxDOT then hired a company, HNTB, to do the so-called "independent" environmental study even though HNTB has a MAJOR conflict of interest, in that, the Alamo Regional Mobility Authority (ARMA) also hired HNTB to do the preliminary engineering for all their toll projects. So HNTB had a vested interest in a "Finding of No Significant Impact" (or FONSI).

Then, it's also been discovered that TxDOT purposely withheld a key study from a geologist they hired that stated the potential harmful effects of the toll road on the Edwards Aquifer. Such a study didn't conclude what TxDOT wanted it to in order to get clearance from the feds, so they intentionally hid the report and failed to submit it to the FHWA who uses that crucial information in their decision on whether or not to give federal approval for the project.


TxDOT now has to submit these documents to the feds who will completely re-consider their previous approval of the US 281 toll road. It's likely the feds will yank their environmental clearance for the toll road in light of this deception by TxDOT. If they don't, the court is likely to do it for them. So TxDOT is in total damage control mode and released a statement (see below) about their motion for a 60 stay in the US 281 lawsuit that tries to minimize what the documents reveal and, of course, blames the citizens who brought TxDOT's deception to light for the delay instead of their own incompetence and willful dishonesty.

"As usual, TxDOT seems to think they can wiggle out of their corruption without consequences simply by supplementing the record, and essentially telling the feds and the court, 'oops, we left out some key stuff, but approve our rigged process anyway.'  They were FORCED to come clean through a lawsuit brought by concerned citizens, not by them being forthcoming. The tactics at TxDOT never cease to amaze," notes an incredulous Hall.

For more information on the TURF/AGUA US 281 lawsuit, go here and here. .

TxDOT's official statement on the request for a stay in litigation:

The Texas Department of Transportation (TxDOT) has asked a federal district court judge to issue a stay of the litigation regarding the expansion of U.S. Highway 281 in San Antonio.  We recently located documents which they feel may need to be reviewed by federal officials as part of the environmental evaluation of the transportation project.
 
In the process of responding to discovery requests for the lawsuit, staff identified documents that had not previously been submitted to the Federal Highway Administration (FHWA).  TxDOT will submit these documents to FHWA for their review.  FHWA will then determine whether the administrative record for the U.S. 281 project should be amended and whether the project's prior environmental clearance would need to be reconsidered.  In order to provide FHWA time to review the documents, TxDOT requested that the ongoing litigation be delayed up to 60 days.
 
"Every day that this project is delayed is another day that Bexar County drivers are stuck in traffic," said TxDOT Executive Director Amadeo Saenz.  "Nevertheless, we are committed to making sure that the 281 project complies with all federal and state requirements.  The extension we requested would allow FHWA to review these new documents and come to an independent decision about how to proceed.  We recognized that we should bring these documents to the attention of FHWA, and we want to make sure they have the time they need to review them."
 
Saenz said that the documents will be submitted to the FHWA out of an abundance of caution.  "A new, more conservative view of TxDOT’s records related to the 281 project would require these materials to be forwarded to FHWA," he said.  "We wanted to take the cautious advice of the attorneys and give the FHWA another opportunity to review this project.  On balance, this is a small addition to the 24,000-page administrative record, but it deserves scrutiny from FHWA."
 
In its filing with the court, the department wrote that it has no intention of delaying the proceedings but wants to ensure that the FHWA has ample time to examine the recently identified information to determine whether the administrative record should be amended.
 
We recently adopted new policies on how to assist FHWA in the preparation of the administrative record showing the environmental review of a transportation project.  "Preparing the administrative record for a complex transportation project is an enormous task.  We will do our part to make sure the process is the best it can be," said Saenz.

Adkisson elected Chair, declares war on toll roads

IMMEDIATE RELEASE

Grassroots hail new Chair of MPO
Adkisson retains power to set agenda, declares war on toll roads

San Antonio, TX, Tuesday, July 28, 2009 – Commissioner Tommy Adkisson officially became Chair of the San Antonio-Bexar County Metropolitan Planning Organization (MPO) Monday, but not without the usual powerplays and controversy that have surrounded toll roads in San Antonio.  A proposal to change its bylaws to strip the Chair of the power to set the MPO agenda and give it to the Executive Committee, was thwarted, after an intense debate, due to the failure to properly place it on the agenda. But the media left believing all the fireworks had gone off only to MISS the flame that ignited later in the meeting over keeping 281 and 1604 in the toll plans.

Read Terri Hall's article in the Examiner for details on the VICTORY, the players, and the betrayals here

TxDOT's top brass commit perjury

IMMEDIATE RELEASE

TxDOT’s top brass perjures themselves

TURF releases explosive footage of depositions from ad campaign/lobbying lawsuit to Sunset Commission

Tuesday, July 15, 2008 – Some very damaging footage of TxDOT’s top brass under oath was presented to the Sunset Advisory Commission at its hearing on the Texas Department of Transportation (TxDOT) today (view here or go to www.TruthBeTolled.com to view). As part of TURF’s lawsuit against TxDOT to stop its illegal lobbying and ad campaign called Keep Texas Moving to promote toll roads and the Trans Texas Corridor in violation of Texas Government Code Chapter 556, several top officials of TxDOT were deposed under oath where they perjured themselves.

TURF gave each member of the Commission a DVD of a new documentary film, Truth Be Tolled TURF Special Edition, made about TxDOT’s Keep Texas Moving campaign that shows portions of legal depositions of TxDOT Executive Director Amadeo Saenz, Director of Government and Public Affairs Division Coby Chase, and Transportation Commissioner Ted Houghton.



TURF showed the Sunset Advisory Commission that TxDOT has made an unprecedented push to win public approval for its controversial toll road and Trans Texas Corridor project, using public money, which is not only illegal, it unfairly stacks the deck against citizens.

Houghton swore under oath that TxDOT had not hired registered lobbyists when these invoices show they have (as well as Houghton’s own admission during a Town Hall Meeting in Hempstead). State law prohibits state agencies from hiring lobbyists and prohibits them from using public money for a political purpose. State agencies are to implement policy, not shape it. Video clips from the Town Hall meeting in Hempstead, January 22, also show Houghton trying to sway the crowd in favor of the Trans Texas Corridor while under oath he was adamant that TxDOT and he had not done so.



PULL ANY ADVOCACY CAMPAIGNS FROM TXDOT
Keep Texas Moving advocates the Trans Texas Corridor, privatization of infrastructure, and tolling. The information in this campaign only extols the benefits of tolling and privatization (and never includes criticisms).

The stated goal of the campaign found in TxDOT documents is:
"To shift perception among those who are opposed to or on the fence about the TTC" and to change the political environment to “make it less hostile to the TTC" and to promote the “benefits of TTC…and help inoculate it from negative attacks" as well as “increase support of TxDOT programs."

“This is no public information campaign. It’s a taxpayer-funded political ad campaign, which is not only illegal, but it also abuses the taxpayers in order to line TxDOT’s pockets with the MOST EXPENSIVE transportation tax,” says Terri Hall, TURF Founder who testified before the Sunset Commission.

TxDOT hired 5 registered lobbyists to the tune of $100,000/month to directly lobby Congress and other elected officials for more CDAs, the TTC, and tolling. Saenz, Chase, and Houghton all claimed ignorance of the law under oath, but Chapter 556.009 says all state officers and employees are given the law prior to taking a position with the State and a record of their acknowledgment of receipt is to be kept in writing.

“So any claim of ignorance of the law by the top brass is no get out jail free card,” Hall said.

This document shows TxDOT targeted County Judges in the path of the TTC-69. Houghton testified in the TURF lawsuit that lobbyist Gary Bushell is who arranged Houghton’s meetings with the County Judges. County Judges are key in appointing an arbitration committee between landowners and the State in eminent domain cases. So TxDOT’s lobbying effort was clearly to give the State an advantage in eminent domain proceedings for the Trans Texas Corridor.

Despite the TURF lawsuit and the suspension of hiring outside lobbyists, TxDOT recently hired an in-house lobbyist, Rebecca Reyes, to lobby Democrats in Congress through TxDOT’s Washington office and joined a lobby group named Transportation Transformation, or T2, with 4 other DOTs and private investors, like Goldman Sachs, to lobby Congress for more CDAs.

TxDOT also conducted push polls seeking to gain public approval of the TTC, which included asking overtly political questions like political party affiliation and if the respondent voted straight ticket in the last election.

In another document, it states TxDOT’s messages in the ad campaign would promote tolling over gas taxes with statements like, “tolls are better than gas taxes to fund roads.”

“The Sunset Commission needs to strongly recommend the repeal of Section 228.004 from the transportation code and remove from TxDOT any ability to promote toll roads. They’ve become an arm of private industry that cannot be trusted to expend funds in a way that protects the public interest,” insisted Hall.

END FREEWAY TO TOLLWAY CONVERSIONS
TURF and many of its supporters addressed the reforms the citizens demand in order to restore trust in the agency, anywhere from replacing the unelected 5 member Transportation Commission with a single ELECTED commissioner to fixing how decisions to toll roads are made (and giving the public real veto power), to getting an accurate figure of road funding needs independently of TxDOT, as well as ending freeway to tollway conversions.

The complete conversion of US 281 from a freeway, already built and open to traffic for decades, to a toll road shocked the Commission and was a central part of the hearing. Representative Linda Harper-Brown questioned TxDOT’s perversion of a state law, HB 2702, that prohibits conversions without a public vote and requires them to leave as many non-toll lanes that exist before adding toll lanes. But TxDOT is tolling every single express lane (or main lane) on US 281 and downgrading the non-toll lanes to access roads with slower speed limits and permanent stop lights, an unfair replacement say critics.

Even worse, the 281 improvements have been funded with gas taxes starting in 2003 ($100 million plan total), but it was turned into a toll road simply to generate revenue for other area projects, clearly a discriminatory, targeted tax. Now as a toll road, the pricetag has ballooned to a whopping $1.3 billion!

“With highway robbery of this scale, it’s no wonder the supposed funding gap for future roads swelled to $86 billion. This is insane! Rep. Joe Pickett once stated we can build 4 freeways for the price of one toll road. In the case of US 281, we can build 10 freeways for the price of one toll project!” notes an outraged Hall.

TURF also delivered disks of all the evidence in their lawsuit to the Travis County District Attorney’s office to press them to file criminal charges against guilty parties.

“Texans are tired of one legal standard for them and another for those in power. The Truth Be Tolled TURF Special Edition DVD (www.TruthBeTolled.com) is enough evidence to show TxDOT is guilty of lying under oath and prosecuting an illegal ad and lobbying campaign on the taxpayers’ dime. Blood’s in the water now, and the sharks are circling. The people demand justice,” Hall commented.

TURF reaction to TxDOT awarding TTC-69 to ACS of Spain & Zachry


IMMEDIATE RELEASE


TURF statement on TxDOT selecting private partner to develop TTC-69

Austin, TX, June 26, 2008

After the overwhelming public feedback preferred the “no build” option and after the Legislature made it clear it wanted time to slow down this train of privatizing our public infrastructure, TxDOT’s selection, today, of a private partner to develop TTC-69 is a total slap in the face to the people of Texas.

This proposal awarded to ZAI/ACS (Zachry American Infrastructure and ACS, based in Spain) is chalk full of egregious taxpayer exploitation. For instance, it tolls loops around Riviera, Driscoll, Corpus Christi and other cities (7 loops total) to fund non-toll improvements to Hwy 77 in yet another Robin Hood scheme. The deal gives ZAI/ACS a guaranteed 12% rate of return on their investment, and it relies heavily on public funds, like federal taxpayer backed private activity bonds (PABs) and TIFIA loans to front the vast majority of the construction costs and then gives all the profit to Zachry & ACS!


They also plan to use taxable zero coupon fixed rate bonds issued by the Cameron County Regional Mobility Authority and controversial Transportation Reinvestment Zone (TMZ) funds, which will essentially heist property taxes. The deal also gives ZAI/ACS cherry-picking rights (or right of first refusal) on multiple segments for the TTC-69 without being subjected to a competitive bidding process. The sham of an announcement pandering to landowners promising to use existing highways for TTC-69 wasn’t a concession at all. The private “partners” informed them the new corridor route wasn’t toll viable so they reverted back to using existing freeways (which would have been the tollway’s biggest revenue “competitor”) so as to capture more toll revenue. It was Cintra and Zachry who determined the re-route, not TxDOT being responsive to an outraged public!

“If this isn’t a wake-up call to the Legislature that it’s business as usual at TxDOT until they forcibly restrain them via state law, we don’t know what is. This removes any requirement for competitive bidding, which on its face is an absolute failure of the State's fiduciary duty to protect the taxpayers from monopolistic sweetheart deals and what's certain to be inflated costs. We must make Legislators pay at the ballot box for their malfeasance in granting the authority for such no-bid contracts and for failing to rein-in TxDOT with a GENUINE moratorium last year BEFORE this next private sweetheart deal got signed. If they don’t completely clean house at TxDOT and end this public fleecing, there won’t be enough political cover for the consequences at the ballot box. Enough is enough. End this now!” notes Terri Hall, TURF Founder.

“At today’s Transportation Commission meeting, it was a lovefest between David Zachry and the South Texas politicos pushing this nonsense. TxDOT and their buddies at Zachry/ACS found a way to follow the bare minimum of the law to sign this CDA and continue to steamroll a plan the majority of Texans don’t want. It was also evident the Transportation Commission is desperate to come up with their own alternative reforms since they’re facing an angry public demanding TxDOT be scrapped, a discontented Legislature, and scathing Sunset Commission recommendations,” observed Hank Gilbert, TURF Board member and acting President of the Piney Woods Subregional Planning Commission who attended and testified at today's meeting.

For more detailed analysis of how TxDOT can legally award a Comprehensive Development Agreement (CDA) outside the moratorium (SB 792), go to TURF’s web site here.

-30-

Link to article here.

Commission picks developer for I-69 project
Plan would build toll road loops around Corpus Christi, other cities
By JANET ELLIOTT
Houston Chronicle, Austin Bureau
June 26, 2008
AUSTIN — The Texas Transportation Commission on Thursday selected San Antonio's Zachry Construction Corp. and a Spanish toll road developer to plan a superhighway from Texarkana to Brownsville.

The $5 million contract calls for Zachry American Infrastructure and ACS Infrastructure to create a financial plan for the Interstate 69 segment of the Trans-Texas Corridor.

"This team represents the best in the balance of local and global expertise necessary to complete a project of this scope," said David Zachry, chief operating officer of Zachry Construction Corp.

The private developers' plan calls for seven new loops around Corpus Christi and other cities to be constructed as toll roads. Revenue would pay for bringing existing stretches of U.S. 77 up to interstate standards. U.S. 77, however, would not be tolled.

They also propose 60 potential infrastructure projects, including commuter rail along U.S. 90 northeast of Houston, a bridge to Bolivar Peninsula, a container facility at Freeport and a desalinization plant in Brownsville. Transportation commissioners said, however, that there was no guarantee any of those projects will be built.

Houston route unknown

The final decision on the route for the corridor will be made by the Texas Department of Transportation through an ongoing environmental study. It is expected to roughly follow U.S. 59 through East Texas and south of Houston, and U.S. 77 south of Victoria.
Earlier this month, TxDOT said it had abandoned plans to build part of the I-69 corridor through rural areas north and west of Houston. Instead, it said it would stick to major highways for most of the route.

The way through or around Houston has not been determined, although it could stay on U.S. 59 or go on Loop 610 or the planned Grand Parkway.

The developers' financing ideas boosted their proposal over one submitted by a joint venture led by another Spanish company, Cintra, which is developing a master plan for the segment of the Trans-Texas Corridor slated to run from Oklahoma to Mexico, east of Interstate 35.

Zachry is a Cintra partner on the project paralleling I-35.

"We feel (this proposal) is the best value to the state," said Mark Tomlinson, director of TxDOT's turnpike division.

An anti-toll road group called the method of financing a "Robin Hood scheme."

"TxDOT and their buddies at Zachry/ACS found a way to follow the bare minimum of the law to sign this (Comprehensive Development Agreement) and continue to steamroll a plan the majority of Texans don't want," said Hank Gilbert, a board member of Texans Uniting for Reform and Freedom.

Toll roads operate locally

South Texas political leaders applauded the decision to move toward a longstanding goal of having the Rio Grande Valley served by an interstate highway.
"It's like getting indoor plumbing. We've waited that long for it, and it's really important," said Bill Summers, president of the Rio Grande Valley Partnership, a chamber of commerce group.

The I-69/TTC corridor is part of Gov. Rick Perry's vision for a network of broad corridors linking major cities, with toll roads for cars and trucks, rail tracks for freight and passenger trains, and space for pipelines and power lines.

The corridor plans have been met with controversy due to opposition to tolls and concern that family farmland would be lost to development.

Corridor supporters say the routes would make the highways safer and improve the flow of goods by directing commercial traffic to designated lanes. Revenue from the state's gasoline tax is insufficient to fund improvements, they say.

The developers plan to work with local authorities to operate $1.5 billion worth of toll roads. TxDOT spokesman Chris Lippincott said that arrangement would meet the requirements of a law passed last year that forbids private companies to operate toll roads.

MPO power grab, round II

PRESS ADVISORY

MPO power grab, Round II

MPO may vote to give Chair, Mayor, & County Judge unilateral powers, change a quorum, make tolling easier

San Antonio, TX, Monday, June 16, 2008 – At Monday’s San Antonio Metropolitan Planning Organization (SAMPO) meeting, the Board will vote on proposed changes to its bylaws that would water-down what constitutes a quorum, allow the County Judge and Mayor to unilaterally appoint MPO alternates instead of the entire Council or Commissioners Court as stated in their charters (which may include UN-elected appointees in the place of elected ones), make changes to the scoring of projects that encourage more tolling, and give the Chair and Director more unilateral powers and decision-making.

“We the people have seen these tactics by the political establishment time and again just like the repeated attempts to kill term limits. If the taxpayers reject your UN-Democratic policies, just keep bringing them up time and again until you wear the voters out, catch them off-guard, or beat them into submission. Well, the public rejected this power grab last year, and we reject it again now,” observes Terri Hall, TexasTURF.org Founder.

Last year, this same attempt by the Mayor to appoint an unelected alternate (that would have voting powers in the place of an elected appointee) was soundly rejected by the public and tabled at the City Council. (See more history below.)


The changes to the quorum would allow unfilled vacancies NOT to count toward the 50% quorum needed to conduct business. Since the SAMPO is nearly half appointees, this would encourage the vacancies that most often are the result of a change of elected officials to remain unfilled, while appointees then make multi-billion dollar tax decisions with NO accountability to the taxpayers.

WHO: Taxpayers through Texans United for Reform and Freedom (TURF) and MPO Board members State Representative David Leibowitz and Bexar County Commissioner Tommy Adkisson.

WHAT: MPO meeting where they’ll vote on proposals to make UN-Democratic changes to the bylaws and change the scoring of projects to make tolling easier

WHEN: Monday, June 16 @ 1:30 PM

WHERE: Via Transit Center, 1021 San Pedro (near SAC)

The City Council has smooth transitions of power every two years and the MPO has survived all of them. Yet under the guise of the Mayor’s concern he can’t fill the vacancies with the new councilmembers for 2 months, he and Chairwoman Sheila McNeil again feel there’s an urgent need to re-write the rules.

Read about the past attempts by Mayor Phil Hardberger & former Councilman, now President of the Greater Chamber of Commerce, Richard Perez to make it easier to railroad their UN-Democratic policies at the MPO: here, here, and here.

TxDOT to change TTC-69 route

IMMEDIATE RELEASE

TxDOT route change on TTC-69 requires new environmental study BY LAW

Citizens concerns remain since corridor still tolled behemoth in hands of private company

Austin, TX, June 11, 2008 – Today’s announcement by TxDOT that it will “consider” the use of existing right of way wherever possible on the TTC-69 Trans Texas Corridor project and its release of a new project map and study area requires a completely new environmental study per federal law, the National Environmental Policy Act (NEPA). Also, TTC-69 can still be 1,200 foot wide land grabbing, privatized tolled corridor and it will toll existing right of way already paid for with gas taxes, which is DOUBLE TAXATION. TxDOT claims it won't toll existing lanes, but they've been downgrading the existing lanes to frontage roads all over the state.
 
“Why should we believe TxDOT now? The public has lost all trust in this agency that even the Sunset Committee calls ‘out of control.’ While certain landowners will no longer be affected and can breathe a sigh of relief, this project is still ill-conceived. This corridor was promised as a FREE interstate highway for decades, now they’ll convert existing freeways like Hwy 59 into privately-controlled toll roads. Somehow we feel in no mood to celebrate,” notes TURF’s Founder Terri Hall.

 

If TxDOT changes the scope of the project like a new route and study area, TxDOT has to, by law per NEPA, redo the environmental study totally and take public comment all over again, not just submit some letter to the FHWA reflecting the change. They are required to redo the document reflecting the new project route (see map here) and study the impacts of the new "alternative" selection using existing right of way replacing the new corridor "alternative" as the current document states.
 
While TxDOT says its reasons for the change are in response to the overwhelming public opposition to a new corridor, it lacks any credibility because nearly EVERY toll project in urban areas and the TTC-35 corridor also had record public comment against the projects and yet TxDOT has refused to listen to the public or change its railroading tactics.
 
“We feel this move by TxDOT may, in part, be in response to the forming of 391 regional planning commissions. They're playing legal games with semantics. Needless to say, we're very cautious about this announcement. We think it's to quell the forming of more commissions and to make concessions to the Legislature before the Sunset Commission/Legislature guts TxDOT if they don't ‘act’ more responsive to the public,” said Hank Gilbert, of TURF and acting President of the Piney Woods Subregional Planning Commission.
 
With the 391 commissions, TxDOT has to do what these local governments require of them by invoking the coordination mandate in the National Environmental Policy Act (NEPA) "to the greatest extent practicable." That puts TxDOT in a HUGE legal box they cannot wiggle out of. The wording of this TTC-69 TxDOT statement (and the transportation commission's minute order from a few weeks ago. Read more here) is very intentionally saying they'll simply "consider" existing right of way, that is NOT a mandate to do so which the 391 commission by contrast can force. So anyway, TxDOT isn't giving up much, they're playing legal games. Needless to say, we're very cautious about this announcement. We think it's to quell the forming of more commissions and to make concessions to the Legislature before the Sunset Commission/Legislature guts the agency if they don't "act" more responsive to the public.

Commission engages in empty political posturing to quell opposition

IMMEDIATE RELEASE
 
Transportation Commission Minute Order all talk, no teeth


Austin, TX, May 29, 2008 – Today’s Transportation Commission Minute Order designed to quell opposition was all talk and no teeth according to TURF’s Founder Terri Hall.

“Don't believe the hype. Today the Texas Transportation Commission adopted a Minute Order designed to fool people into thinking they've changed their stripes. The reality? It's all posturing,” notes Hall.

New Chairwoman Deirdre Delisi wants the Senate to confirm her, and the Commission knows the Sunset Review will bring serious legislatively mandated changes they want to avoid. There's nothing about a Minute Order that is even binding. TxDOT can change this at their whim and violate it anytime. Add to that, many of these provisions are already not allowed or required by state law.
 
 
Here's a summary of the gaping holes and inadequacies of this Minute Order:

• The prohibition on non-competes doesn't mention that a competing facility could require compensation (taxpayer payments to investors if TxDOT expands or builds a competing road)

• There's no mention of stripping non-competes from bond agreements (they only addressed CDAs or PPPs contracts today). Bond companies require non-competes and create the same guaranteed congestion on non-toll routes.

• Also, there's no prohibition against taking existing highway lanes and tolling them leaving the only non-toll lanes frontage roads (totally different in function and speed and stop light times can be manipulated to drive traffic to the toll lanes, etc.). That's the crux of much of the angst on urban toll projects.

• They also failed to address their illegal ad campaign and lobbying. If they seriously wanted to build trust, they would have moved to cease those practices unconditionally.

“Until the Legislature takes the power of decision-making of this type AWAY from an un-elected, unaccountable agency run amok and gives it back to the PEOPLE and their representatives, this whole exercise is a non-starter,” promises Hall.

______________________________

Associated Press Newswire

May 29, 2008

AUSTIN (AP) - Transportation Commission Chair Deirdre Delisi led
her first meeting today and expressed a desire to build public
trust in the transportation agency.

The commissioners adopted an order governing toll projects and
the Trans-Texas Corridor. They also set out to improve citizen and
legislative access to Texas Department of Transportation's
financial data.

The commission unanimously agreed that:
- all Texas highways will be owned by the state, not private
developers;
- the state may buy back the interest of a private road
developer;
- only expansions to existing highways will be tolled and
existing free lanes won't be reduced;
- and that "non-compete clauses" will be banned, meaning no
state contract will limit improvements to nearby existing roads.
Transportation Chair Delisi's political ties to Gov. Rick Perry
drew criticism when he appointed her.

TxDOT brings lobbyists in-house

IMMEDIATE RELEASE

TxDOT still engaging in illegal lobbying

Chronicle reports TxDOT hired former lobbyist to lobby Democrats in Congress


Houston, TX, May 27, 2008 –  A May 25 Houston Chronicle article) reveals that while TxDOT ceased hiring OUTSIDE lobbyists, it hired Rebecca Reyes using taxpayer money to work in TxDOT’s Washington office. Reyes is the daughter of Rep. Silvestre Reyes, D-El Paso.

TxDOT spokesman Chris Lippincott expressly stated she was hired because she has a background in “lobbying.” TURF filed a lawsuit against the Texas Department of Transportation (TxDOT) for its taxpayer-funded political ad campaign to advocate toll roads and the Trans Texas Corridor (in violation of Texas Government Code Chapter 556), and it found evidence TxDOT had also illegally hired registered lobbyists. Lippincott tried to spin it by claiming they stopped hiring outside lobbyists due to budget cuts.
 

“TxDOT has ceased hiring outside lobbyists in response to being caught red-handed in violation of the law, but now it’s obviously still engaging in lobbying members of Congress by bringing a former lobbyist in-house. Both the Texas Government Code (Chapter 556.004) and federal law prohibit a government agency from engaging in lobbying and using taxpayer money for a political purpose. TxDOT is just getting more sneaky in how they do it,” says an incredulous Terri Hall, Founder of Texans Uniting for Reform and Freedom (or TURF).
 
“Where is the OUTRAGE from lawmakers and where is the Travis County District Attorney to put a stop to this illegal activity at taxpayer expense?” asks Hall.

The applicable federal law is found in the Hatch Act:

5 C.F.R. 151.121 -  "a state or local officer or employee may not…directly or indirectly…command…a state or local officer or employee to pay, lend, or contribute anything of value to a political party, committee, organization, agency or person for a political purpose."

What TxDOT calls “outreach” and “education” is, in reality, an advocacy and political ad campaign (www.KeepTexasMoving.com) using public relations firms and political strategists to “sell” the public on a privatized, toll roads, and this sales job includes members of Congress as evidenced in TxDOT’s Forward Momentum report asking them to relax federal legislation in order to buy back existing interstates in order to toll them.

Through TURF’s lawsuit, it uncovered detailed logs showing a concerted campaign to lobby politicians, particularly newly elected officials, which is a BIG no-no for a state agency that must remain apolitical. Alliance for I-69 Lobbyist Gary Bushell was hired by TxDOT to personally lobby more than two-dozen elected officials in the path of TTC-69 prior to the Town Hall meetings.

Houghton admits TxDOT violated the law!
At the packed Town Hall meeting in Hempstead last February, Transportation Commissioner Ted Houghton said he also personally met with every county judge in the path of the Trans Texas Corridor TTC-69 as he defended the necessity of TxDOT hiring lobbyists to lobby elected officials.

This action is in DIRECT VIOLATION OF THE LAW!

Texas Government Code:

§ 556.005. Employment of Lobbyist

(a) A state agency may not use appropriated money to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 to register as a lobbyist. Except for an institution of higher education as defined by Section 61.003, Education Code, a state agency may not use any money under its control to employ or contract with an individual who is required by Chapter 305 to register as a lobbyist.

"TxDOT has now publicly admitted, on camera, that it has violated the LAW! Are government agencies under the rule of law or not? Who is going to step in and prosecute this rogue agency?" asks an outraged Hall.

TURF also discovered in a memo to TxDOT dated November 8, 2007, that Rodman & Co. marketing gurus drafted positive, pro-TTC quotes on behalf of elected officials in order to place them as positive quotes in press releases about the TTC-69 project.

Political Poll conducted on taxpayers’ dime
TxDOT also hired Governor Rick Perry’s political polling outfit, Bacelice & Associates, to conduct a poll that included asking one’s political party affiliation in its questions.

“What does a person’s political party have to do with a supposed ‘public information’ campaign? Nothing, it’s clear this ad campaign is about pushing a political agenda and brainwashing the public with pro-toll talking points like ‘tolls are better than gas taxes to fund roads.' C’mon, this is politics run amok and an agency run amok. Who’s going to rein them in?” criticizes Hall.

TxDOT’s behavior demonstrates why there are laws prohibiting the government from using its power and OUR money against the taxpayer. The citizens have the deck stacked against them when their own government forcibly takes their money and uses it to clobber them.

Like TTC-35, TTC-69 plans to convert some existing highways into privately controlled toll roads, making Texas taxpayers pay twice for the same stretch of road as well as to force Texas landowners to give-up their farms and ranches for a massive new stretch of road in order to complete the entire Trans Texas Corridor project.

Read more about TURF’s lawsuit against TxDOT’s misuse of taxpayer money for an ad campaign advocating tolls and against its lobbying activities here.

Read TURF’s formal complaint against TxDOT’s illegal use of taxpayer money filed with Travis County District Attorney Ronnie Earle here.

281 toll project to cost 3 times more than freeway plan

IMMEDIATE RELEASE

Tolling Authority votes to increase cost of 281 fix by THREE times!
Losing bidder, Zachry, to get $325,000

San Antonio, May 14, 2008 – Today the Alamo Regional Mobility Authority (ARMA), a fancy term for tolling authority, voted to have a consortium headed by toll road extraordinaire Fluor Corporation pay over $330 million to bulldoze US 281 and rebuild it as a toll road. Even worse, the losing bidder, Zachry Construction, will get paid $325,000 simply for losing the bid!

“The original FREEway plan to build overpasses and expand the highway as promised in public hearings in 2001 (and funded with gas taxes in 2003) came to $100 million and would have taken 18 months to complete (versus 3 1/2 years to build the toll road). Now the ARMA is deliberately deceiving motorists by saying a 5-year delay is somehow speeding things up.

“On top of that, they’re crowing ‘we saved you money’ while charging taxpayers THREE times the price of the FREEway plan! The RMA also says there will be non-toll lanes, but fails to tell commuters their only non-toll option will be access roads with slower speed limits and permanent stop lights. That’s not a choice, it’s highway robbery,” notes Terri Hall, Founder of Texans Uniting for Reform and Freedom (TURF) whose organization teamed up with Aquifer Guardians in Urban Areas (AGUA) in filing a lawsuit to stop the US 281 toll road and FORCE TxDOT to install the funded FREEway improvements.

The taxpayers have demanded TxDOT install the cheaper, faster, and funded gas tax FREEway improvements on US 281 from day one (see the proof it's been funded since 2003 here.. For more than 3 years, the Texas Legislature, the San Antonio Metropolitan Planning Organization (SAMPO), and the ARMA have repeatedly thumbed their noses at the thousands of taxpayers who have attempted to reverse these organizations’ votes to toll US 281.

TURF has also asked for a public vote on ALL toll projects, especially a freeway to tollway conversion. Make no mistake, this is a conversion. Every single lane motorists drive on today will be converted to toll lanes, and the NEW lanes will be frontage roads with non-highway speed limits and permanent stop lights.

“This is thievery pure and simple. It’s criminal that our politicians have repeatedly voted to rip-off taxpayers in a massive money grab. There is NO excuse for failing to build the FUNDED FREEway improvements other than to make money. They can’t make money off a freeway, only a toll road. In fact, 281 users need to know their FREEway will be converted into a toll road to fund improvements to 1604 in a BIG, FAT, UNFAIR Robin Hood scheme. It’s a targeted new tax on driving at a time with record high gas prices with no end in sight,” Hall said.

The US 281 toll project will also include a non-compete agreement where the ARMA agrees not to expand or improve ANY roads surrounding the toll road, which means Blanco Rd., Stone Oak Pkwy., Redland Rd., and Bulverde Rd to name a few. The ARMA says a non-compete would not prevent TxDOT, the City, or County from expanding roads, but none of those entities would dare put the toll bonds in jeopardy by expanding nearby roads and violating a non-compete investors demand. The ARMA is also declining to insure the bonds for this project putting the taxpayers on the hook if the road goes belly-up.

The ARMA is also relying on it’s a risky traffic projection adding 25% to the already aggressive growth projections the SAMPO uses. Considering the soaring price of gas and the trend toward moving inside Loop 1604 and 410 to shorten commutes, the failure of the US 281 toll road is likely. Express-News columnist Ken Allard seemed to agree in his column last week (read it here.).

“This is fast becoming a risky boondoggle in a time of economic crisis. There will not be enough political cover for the politicians when this hits the fan,” Hall finished.

Bexar County Commissioner Tommy Adkisson fired off a letter of concern about the financial viability of toll roads in this economic climate with high gas prices forcing people to change their behavior to reduce costs. Adkisson and ARMA Executive Director Terry Brechtel met today, but neither changed the other’s mind.
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