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TTC developer will be selected this week
One of the giant elephants in the room has been who will build the highway. As we’ve written about before, lots of folks are concerned about Cintra, a Spanish toll road developer, winning the bid, due to fears about foreign control and national pride.
Well, the issue will come to a head this week, when state transportation commissioners will read and select a company to build the project. Here’s the agenda item for Thursday’s meeting:
Act on the recommendation of department staff concerning:
(1) the selection of the best value proposal for the planning, development,
acquisition, design, construction, financing, maintenance, and operation of the
element of the Trans-Texas Corridor System from Northeast Texas to the
Texas/Mexico border (I-69/TTC); and (2) the execution of a comprehensive
development agreement for I-69/TTC
Some of the back room politicking involved in the selection — including the role of Rudy Guiliani — has been noted in the pages of Vanity Fair.
TexasTURF has written about this, as has corridor watch, with both organization criticizing the transportation agency for sneakily avoiding the restrictions of SB 792, which places a moratorium on the construction of new toll roads in Texas until 2009.
In advance of the decision Thursday, Eye on the Road took a minute to talk to Amadeo Saenz, TxDOT’s executive director, about awarding the contract, during a recent press conference in Lufkin. He talked about the bid process, what he hopes to see in them, and when details will be made public. Below is the audio-only interview hosted by YouTube. Click here for direct download (.wav).
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Nietzsche and the Trans Texas Corridor
When Eye On the Road blogged about Senator Ogden’s “The TTC is dead” comment in April, TexsTURF and other groups claimed it was an attempt to sabotage their march on the state capitol.
Now the group has changed their tune, crediting Ogden for giving citizens a heads up when his comment “let the cat out of the bag.”
What’s really wacky, though, is the philosophical parallel that accompanies this tete-a-tete. When the philosopher Nietzsche made a similar comment about God, it too, was hijacked and re-purposed for various purposes, endlessly re-construed by postmodernists and atheists alike. But the scholars always said it wasn’t literal, it was conceptual. Interesting how it’s now the very concept of a TTC that Turf says is moribund.
It’s fair to say the debate over financing the TTC will be the next big battle in the war over the corridor. Without getting in too deep about dueling identities and the relative nature of evil, I’ll close with these words of inspiration:
Be careful when you fight the monsters, lest you become one. — Nietzsche
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How the story broke
The story behind the story of the day is worth telling, even if its significance amounts only to an easily-made joke about an eager politician.
Midday Tuesday, TxDOT public information officers contacted news outlets letting them know of a telephone conference call later that day. On the call, reporters learned details of the TTC project revision with the understanding that the news would be not be published until 10 a.m. Wednesday. Embargoes are somewhat routine when organizations distribute information to large groups of journalists, although TxDOT offered no explanation for the embargo Tuesday.
About 5 p.m., State Sen. Robert Nichols sent reporters a statement “for immediate release,” referring to all the details under embargo. With Nichols’ statement made public, all bets were off, on the embargo. As the New York Times reported last year, such complications are occurring more frequently as the Internet increases the competition between papers to break news. In short order, The Daily Sentinel, The Lufkin Daily News, and Associated Press all had stories on the changes to the TTC.
I had an opportunity to ask Sen. Nichols Wednesday why he broke the embargo. He simply didn’t know it was there, he said.
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Reactions Roundup
Here’s a quick sampling of what local officials and others are saying about the latest developments in the TTC-69 saga.
Mayor Roger Van Horn
“I am glad for the landowners who worked very hard to get those people who make policy to look again at our needs versus cost, being land and money. So I’m happy for them. What I like about it is it’s a good example of how the process works: proposals are made, people are talked to, listened to.”
County Judge Joe English
“I’m excited about the idea that the governor changed his mind. I think that the original proposal lopped off a lot of land in our county and it was unnecessary, and I certainly was concerned as everyone else was.”
Terri Hall, founder of TexasTURF
We actually have several concerns about this thing. While were delighted that thery’re agreeing to use the existing right of way, and thats going to relieve a certain number of land owners, by the same token, this now requires… TxDOT to now re-do, or at least at a minimum, supplement their environmental document to reflect the new project route and to have to now go back and study the impacts of that route and take public comment. They basically have to re-do their public hearing process again.”
U.S. Rep. Louie Gohmert (via press release)
“TxDOT’s announcement today that it will recommend the use of existing highways for the I-69 corridor appears to be a bit of silver lining in the stormy debate surrounding the highway, but as east Texans continually express to me, there are still serious concerns regarding this issue. It truly is a victory, though, that our citizens’ overwhelming feedback has caused TxDOT to scrap their plans of swallowing the land of east Texas with the massive footprint of the original Trans-Texas Corridor. This shows that a person’s voice really can make a difference, and I am glad the department finally listened. However, our top priority is to ensure that the sovereignty of the United States and our border security are not compromised, and we still have to get reassurance that these values will be protected under this project. I will to continue to speak with TxDOT officials to gain further clarity on these matters, but for now, we’re pleased with this announcement.”
City Manager Jim Jeffers
“There’s still an awful lot of work to be done.”
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A big announcement
It’s shaping up to be a busy 24 hours for the TxDOT and the Trans Texas Corridor. State Sen. Robert Nichols broke the story yesterday that TTC-69 will likely follow the path of U.S. 59, and today, a series of press conferences will attempt to answer some of the many questions that arise in the wake of that news.
(We’ll plan to talk more about how the news broke yesterday and some other behind-the-scenes tidbits in a post later today.)
A set of graphics illustrating the changes to the TTC-69 corridor are posted on the TxDOT Web site, along with the press release that will be the basis of all questions and answers today. A revised map and fact sheet are attached below.
More updates to come throughout the day.
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Anti-corridor rally at SFA
Hank Gilbert, from Texas TURF and Linda Curtis from Independent Texans will speak at a citizens’ rally against the Trans Texas Corridor Saturday, May 10, from 10:30 a.m. to 1:30 p.m. at SFA.
Citizens will gather in the wooded area between Vista Drive and North Street, with parking available near Turner Auditorium. The event’s organizers particularly encouraged tractors to appear, possibly as a symbol of rural solidarity.
For more information, contact Steve or Jan Tracy at 936-569-8332.
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Planning group to meet May 13
The Piney Woods Sub-Regional Planning Commission will meet Tuesday, May 13 at 3 p.m. at the Nacogdoches County Courthouse.
The commission is comprised of governmental entities including the Nacogdoches County commission, representatives of Chireno, Garrison, Huntington, and citizens’ groups concerned about the TTC.
By law, TxDOT is required to hear input from these kinds of groups. The meeting is open to the public.
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Who supports the corridor?
Local and state government officials, including the Mayor of Lufkin, took a beating in this blog about Williamson County, Texas, for advocating benefits of the TTC to the Senate Transportation Committee Thursday.
Which makes me wonder what the range thinking is on the issue in East Texas. Here’s a poll question:
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Sierra Club weighs in on TTC-69
Sal Costello of The Muckraker/TexasTollParty has posted what appears to be the complete text of a letter from the Sierra Club urging TxDOT to consider (or re-consider) literally hundreds of aspects of the project’s design.
We can’t find this posted anywhere else, but regardless of sourcing, it makes for an interesting read about the highway’s potential conflict with the environment.
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Rally in Austin
No word from either the Austin American-Statesman or the Houston Chronicle on whether Texas TURF met their goal of 10,000 protesters, but Saturday’s march on the Texas capitol appears to have been a boisterous, flag-ridden rally, replete with incendiary posters and a good number of “Come and Take It” flags.
View a slide show of the event here.
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Anti-Anti-TTC
Misinformation. Subterfuge. Sabotage. Ah yes, and of course, the Trans Texas Corridor.
The latest allegation by TexasTurf and other anti-TTC groups is that comments made this week by Texas Senator Steve Ogden to a Walker County official were intended to undermine Turf’s rally against the highway planned for this weekend in Austin.
Turf quoted Ogden saying “TTC-69 is dead.” The comment, Turf says, was meant to keep the angry mob away from Austin, believing they had won. Ogden, in turn, says he was misquoted, that he meant “TTC-69 is dead in Walker County.”
TURF says a second incident, in which a witness said she heard the Mayor of Kendleton attempt to discourage attendance at the rally, was also an attempt to sabotage anti-TTC efforts.
There’s a lot of unconfirmed, partisan information here. But the episode is indicative of widespread feelings among many citizens of anger and mistrust that are very, very real.
In the meantime, public comments on the TTC Draft Environment Impact Statement are still being collected.
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Letter from Senator Hutchison
Eye on the Road has obtained a copy of Senator Hutchison’s letter to the Federal Highway Administration and TxDOT asking for a 45-day extension to the comment deadline.
TxDOT announced Monday that the deadline would be extended 30 days.
Hutchison said an extended deadline is necessary because of the enormous scope of the TTC project. In addition, she cited a recent analysis by the Texas Farm Bureau that she said was significant enough to warrant the extending the deadline.
Hutchison wrote:
(The) TTC-69 project is a tremendous undertaking and additional time to submit comments would not delay this project. In this spirit, I ask that you give the public 45 additional days, through May 5 2008 to comment on the Tier One DEIS.
The new deadline for comments on the TTC will be April 18.
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No decision on TxDOT lobbying
A Travis County judge has not yet ruled on the issue of TxDOT lobbying, according to a blog post on The (Bexar County) Walker Report.
The question before the court was this: did TxDOT act outside the bounds of their statutory restrictions on expenditure of public money for a political purpose? For instance, did it break the law by using taxpayer money to wage a political ad campaign pushing toll roads and the Trans Texas Corridor, and did it break the law by with lobbying activities?
A lawsuit brought by TexasTURF says the state transportation agency illegally hired lobbyists to promote the Trans Texas Corridor, in violation of state law.
We’ll keep an eye on the case as it develops.
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Comments on DEIS due Wednesday
If you’ve been holding off sending your comments to TxDOT about the proposed TTC-69 project, you have until Wednesday to get your words in.
The bureaucratic maneuvering required to give effective input has been nicely summarized in this guidehis guide from the Citizens for a better Waller County and posted by the TTC news archive. It makes it easy to understand what comments are useful to TxDOT and which are not. This was also the subject of an earlier post on this blog.
As The Daily Sentinel Reported recently, this comment deadline is only for the first round of plans; TxDOT says any subsequent plans will be the subject of public comment, too.
“Stop the TTC” Workshop in Lufkin Monday
Three groups dedicated to halting progress of the TTC’s development will host an all-day seminar Monday March 17 at Lufkin Pitser Garrison Civic Center.
From 9 a.m. to 3 p.m., American Land Foundation, Stewards of the Range, and TexasTURF will help members of the public coordinate Sub-Regional Planning Commissions, a form for local government which they groups say will help bring greater weight to public outcry over the highway.
The groups say TxDOT must, by law, reach certain compromises with the group. Hank Gilbert of TexasTURF said “If we can get commissions established up and down the I-69 Corridor, we have a real shot at stopping this monster.”
Gilbert will speak at the workshop Monday.
Representatives of city and county governments as well as water districts, emergency services and other interested citizens are the target audience for the talk, which costs $20 for pre-registration and $30 at the door. Lunch and a workbook will be provided.
TexasTurf planning 10,000 strong march on Austin
The Navasota Examiner reports Hank Gilbert of Texas Turf is attempting to organize at 10,000 strong march on Austin in protest of the Trans Texas Corridor.
The news item, which appears to come from a promotional flier, details the spectacle the group hopes will draw more attention to their cause:
We need 10,000 people to attend. We also need as many tractors, horses, etc. as possible. There will be national media at this event - so we need it to be huge!
The rally is scheduled for April 5. Stay tuned for updates.
Corridor Watch to visit Nacogdoches County
The founders of Corridor Watch, a watchdog group opposed to the TTC will speak March 15 at 2 pm at the community center in Libby.
According to their news release:
David and Linda Stall will be making the day-long stop in East Texas on their way to testify before the Kansas Legislature in Topeka on Monday. Don’t miss your opportunity to hear what they have to say and to ask your own questions about the Trans Texas Corridor.
The release also promises yard signs and vinyl stickers to those who attend.
The Stalls will speak in Timpson earlier in the day, in the meeting room facilities of the Texas State Bank, 830 N First St. in Timpson.
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State Rep: Expect Legislative Fireworks
The Lufkin Daily News reported on Angelina County’s chamber luncheon, where State Rep. Jim McReynolds said the legislature is likely to clash with TxDOT over TTC-69 when sessions begin next year.
According to McReynolds, the legislators are “not too happy” with the Texas Department of Transportation, which has been under fire for its proposed I-69/TTC plans.“This (the I-69/TTC) is something we never dreamed of, thought about, or wanted,” McReynolds said. “I have attended all the meetings in my district, and I have not heard a single person that spoke in favor of it.”
McReynolds also noted that TxDOT has hired five lobbyists, an act that agencies are restricted from doing. Phillip Russell, assistant executive director of innovative project development for TxDOT, did comment late last month that the project “can be stopped,” and that he believes the state transportation agency will build additional lanes on U.S. 59 instead of the huge superhighway. TxDOT will have a showdown with the state legislature next January, according to McReynolds.
“They will get their time in January of 2009,” McReynolds said. “Be looking out, because there may be some explosions.”
TxDOT will be undergoing “sunset review” by the legislature when sessions begin again. The process is used to determine the usefulness of state agencies. While’s chances are slim that the state transportation agency will be dissolved, there’s likely to be some pointed discussion about TxDOT and its least-admired project, the TTC.
The Lufkin Daily News also hosts a video, with McReynolds explaining a bit more.
The Spanish Question
One of many arguments floated against the TTC is that Cintra, a Madrid, Spain based company has one of the two two bids to actually develop and build the project. Corridor Watch hosts a fact sheet about the company, which has already been selected as the developer of TTC 35.
Some say foreign developers will give another nation control of our roads; others are merely opposed to giving such an expensive contract to a non-U.S. developer.TxDOT says foreign involvement will speed up the process and will not compromise any safety standards or keep TxDOT from inspecting the work.
The state agency has kept the financial details of the proposals secret, but the agreement would likely include toll rights for 50 years in exchange for building the project for a certain (undisclosed) amount.
What are your thoughts?
Eminent Domain
The most emotional and controversial aspect of the TTC project is the taking of private land for public use by the government. Those whose property is at risk say no amount of money the government offers is enough because their property isn’t for sale.
But this process, known as eminent domain, is nothing new. All levels of government can take land in the name of the public interest.
Here’s a selection from an article The Daily Sentinel published last year about the issue. The process of eminent domain begins when a federal, state or local jurisdiction determines that private property (or a piece of it) could be useful for construction of a public works project, such as a highway, railroad or water tower. Nacogdoches uses calculations from an independent assessor to offer a fair price for the land. The city is usually receptive to small negotiations, but City Manager Jim Jeffers concedes that property valuation isn’t always simple.
“While there are standards for appraisers to use,” explains Jeffers, “there is also a certain amount of subjectivity, a certain amount of art in determining what the value of a piece of property is.” Because appraisal values assume a willing buyer and a willing seller, the actual value of the property might be different from what the city offers.
If, after all reasonable negotiations, the owner refuses to sell or wants more money than the city is willing to pay, the city can vote to condemn the property, the next step towards the forced acquisition.
Of course, in the TTC example, the state, not the city, would condemn land.
The opinionated and well-researched blog Gideon’s Trumpet has done a remarkable job of discussing some of the case law and historical precedent for eminent domain, which is a murky and outraging concept to many.
To help decipher the law in Texas, the state attorney general publishes a handbook called “Eminent Domain Made Easy” (PDF).
Regardless of legal provisions, it’s obviously from public comments that land owners aren’t giving up without a fight.
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Gas Wells in Corridor Path
Gas wells are on the list of environmental items considered in the DEIS. Without a handy map, however, it’s hard to visualize exactly what’s at stake in East Texas, where gas wells are a common sight.
Philip Sovinsky has prepared this interesting overlap map, plotting the locations of Nacogdoches county gas wells over the proposed route of the TTC.
It looks like there are about 13 wells in the path of the preferred corridor east of the city of Nacogdoches. It’s hard to tell if this is all the wells for sure or if the map is aligned exactly right, but it sure does present an interesting visual for a probably under-imagined consequence of building a new highway.
Thanks, Philip.
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