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Tollway funding is question of control
Fort Worth Star-Telegram ^ | Tue, Jan. 25, 2005 | Gordon Dickson

Posted on 01/26/2005 5:06:47 PM PST by Tolerance Sucks Rocks

A company selected to build a toll road from Dallas-Fort Worth to San Antonio has a reputation for aggressively collecting money from motorists, treating customers poorly and frequently raising tolls without public input.

Those are among the complaints lodged against Cintra -- selected in December to build the first leg of the Trans-Texas Corridor -- by motorists on the company's toll roads in Toronto and Chicago.

Across North America, private companies such as Cintra are spending billions of dollars to build roads in exchange for the right to collect tolls for 50 to 100 years -- relieving taxpayers of the financial burden.

But critics warn that some agencies may be giving up too much authority, blinded by the instant gratification of traffic relief.

"In some cases, because people were hungry to see something done to get a road built, they gave away the farm," said Alan Pisarski, a researcher and author of Commuting in America.

Some toll-road companies can raise tolls without a government hearing, or send collection agencies after drivers with past-due accounts.

Some even negotiate noncompete clauses into contracts so that governments cannot expand other freeways that might take business away from toll roads.

Just how much power Cintra will have is being negotiated behind closed doors in Austin. State officials say that within weeks they expect to sign a contract, known as a comprehensive development agreement, identifying Madrid, Spain-based Cintra as the lead agency, along with San Antonio's Zachry Construction Corp. and other minority partners.

Cintra has offered to build the 316-mile road for $6 billion -- all privately funded -- and pledged $1.2 billion more for the Texas Department of Transportation to use on state highways along the corridor. In exchange, Cintra gets to keep all tolls for 50 years.

With that much money at stake, a Cintra spokesman said, it's important for private toll-road operators to be able to set the agenda on their roads -- even if it means having unlimited authority to raise rates and go after deadbeats.

"The complaints about us represent one-3,000th of 1 percent of our total trips," said Dale Albers, a spokesman for Cintra's Toronto toll road. "We're not infallible, but it's nowhere near the complaints people have about car insurance."

In Canada, about 700 people have complained about aggressive collection tactics and rude or cold customer service at 407 Express Toll Route, Cintra's 67-mile toll road north of Toronto, said Mike Colle, a state parliament member. Colle has started an investigation into the complaints.

The road was built by Ontario's provincial government. In 1999, a group of private companies led by Cintra leased it for 99 years in exchange for a payment equivalent to $2.5 billion U.S.

Relatives of the late Mike Michenko thought it was a bureaucratic mistake when they received a bill months after his death showing he owed money for using the road.

According to the bill, which charged the equivalent of $11, someone had driven Michenko's vehicle on the road days after his death. The family disputed the charges, saying Michenko's car had not been out during that time, but Cintra insisted that his license number was recorded by a camera.

"His death wasn't enough for them," said Michenko's son, Brian. His father's account ballooned to $91 including late fees. "Now they want the money from my mother."

In recent years, about 300 full-time employees have been hired primarily to deal with complaints, Albers said.

"We take customer service seriously," he said. "We like to think we can respond quicker than government can."

But the Ontario parliament receives similar complaints by the dozen, Colle said.

"They're harassing people who are dead, people who have never driven on the highway or people who have been double-billed," Colle said. "If anything, they've gotten worse. Tolls have gone up 200 percent. People feel threatened, and they want the government to do something about it."

Ontario has filed several lawsuits attempting to gain some decision-making powers, including the right to veto toll increases, but courts generally have sided with Cintra, citing a 1999 contract signed by both parties.

In fact, Cintra is pushing for additional authority. The company has asked Ontario not to renew vehicle registrations for motorists who are behind on their toll payments, a request the government has declined.

In Chicago, Cintra took over the Chicago Skyway, a 7-mile bridge, late last year. The city, which built the bridge in the 1950s, was paid $1.8 billion for 99 years.

Before the documents were signed, Cintra and its partners, doing business as Skyway Concession, announced that the $2 toll would increase to $2.50 for cars and up to $11.80 for trucks.

"Everybody agrees the tollway needs money for repairs ... but to increase it by that much is shocking," said Bob Stranczek, president of Chicago-area Cresco Lines, which specializes in hauling steel. "Most of us operate under 1 to 3 percent profit margins. We don't have the money to pay these fees."

Other firms have also drawn the ire of motorists.

In California, a private company was placed in charge of SR 91 Express Lanes -- high-speed toll lanes running down a highway median from Anaheim to Riverside -- in the mid-1990s.

Later, the state wanted to expand the adjacent freeway, but the owner of the express lanes, California Private Transportation Co., objected on the grounds that faster freeway lanes would hurt toll-lane revenues. The company cited a noncompete clause in its contract.

So in 2003, the Orange County Transportation Authority paid $207 million to buy the express lanes from the company.

In Texas, privately funded roads are not new. The Plano-based North Texas Tollway Authority, a quasi-government agency, owns and operates several area toll roads, including the President George Bush Turnpike. The tollway authority can turn over delinquent accounts to either a collection agency or the Texas Department of Public Safety but usually doesn't take action until someone has ignored multiple requests for payment.

Texas officials said they can write language into their contract with Cintra that limits the company's power, although they declined to discuss specifics until the first document is finalized in coming weeks.

One concern is that the state will protect the toll roads, ensuring that private companies make a profit, while ignoring the needs of the rest of the state highway system.

"That's not the case," said Phillip Russell, director of the Texas Turnpike Authority Division, an arm of the Texas Department of Transportation. "It's still going to be a part of the state highway system."

Gov. Rick Perry has said he believes Texas will embrace privately funded toll roads and eventually consider them a bargain.

"I'm confident that the Texas Department of Transportation and the commissioners that are there have the professionalism, have the intellect and the ability to make sure that Texas has the best transportation system in the world, and at the most reasonable price," Perry said in a recent interview.

But from his parliamentary office in Toronto, Colle said: "My advice is to make sure motorists in Texas are protected against extraordinary tolling, and at least have input. I hope you don't follow our lead."

IN THE KNOW

Trans-Texas Corridor

• The Texas Transportation Commission is expected to form a Trans-Texas Corridor advisory committee Thursday to oversee and provide input into the state's decisions regarding toll roads and high-speed rail lines.

• For more information, call toll-free (877) 872-6789.

• In December, a consortium headed by Cintra Concesiones de Infraestructuras de Transporte was selected to build the first portion of the corridor. The toll road will begin roughly in Denison, stretch around the east side of Dallas and run roughly parallel to I-35 near Waco, Austin and San Antonio.

• Madrid, Spain-based Cintra has an 85 percent stake in the toll road, and San Antonio-based Zachry Construction Corp. has a 15 percent stake. Sixteen other companies will help with matters including design work and legal advice.

--------------------------------------------------------------------------------
ONLINE: Trans-Texas Corridor, www.keeptexasmoving.com
Opposition site, www.corridorwatch.org
Gordon Dickson, (817) 685-3816 gdickson@star-telegram.com


TOPICS: Business/Economy; Government; News/Current Events; US: Texas
KEYWORDS: 407express; aggression; agreement; boondoggle; cintra; collections; deadbeats; kay06; landgrab; noncompete; pavetexas; perry4sale; practices; rickperry; rinorick; tolls; transtexascorridor; ttc; ttc35; utopianscheme
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So, is Cintra going too far in its collection practices, or are they in line with what other companies do? Texans may get to find out, very soon...
1 posted on 01/26/2005 5:06:48 PM PST by Tolerance Sucks Rocks
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To: 1rudeboy; 38special; Abcdefg; Alamo-Girl; anymouse; ArmyBratproud; barkeep; basil; Ben Chad; ...

Trans-Texas Corridor PING!


2 posted on 01/26/2005 5:07:37 PM PST by Tolerance Sucks Rocks (Deport 'em all; let Fox sort 'em out!)
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To: Tolerance Sucks Rocks
Free roads are an illusion. Somebody has to pay for them. If it's those who actually use them, that's probably more fair than most government programs.

You'll pay for them one way or another. The difference is that trucking firm from Chicago or Portland will be helping to pay for the roads they use to make their profits.

3 posted on 01/26/2005 5:24:58 PM PST by Dog Gone
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To: Dog Gone

i agree with what you said.

but there's more at issue here.

1. why is a foreign company being chosen behind closed doors, as the article above states.

2. don't we have american firms that can do the construction and management?

3. we need american taxpayers and drivers involved in the political process.

4. as radio klbj said the other day, concerning freeways in the austin area, city council members have noticed discrepancies in the state department of transportation's disclosures.

everything need closer scrutiny, and especially the involvement of texans.


4 posted on 01/26/2005 5:44:50 PM PST by ken21
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To: ken21
I don't know the answers to those very good questions, although I am certain that American firms would be the actual workers constructing the highways through sub-contracting.

It does need to be more open and transparent. Construction jobs are often the biggest in this state, and we often know nothing about them until they're awarded. The potential for corruption is immense, even if it isn't occurring. There's no way for us to know.

5 posted on 01/26/2005 5:49:31 PM PST by Dog Gone
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To: ken21

While you are at it,

Insurance Companies, Trash Collection, MADD, Wind Storm Engineers and anybody else in bed with the folks in Austin.


6 posted on 01/26/2005 5:50:42 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: TexasTransplant; Dog Gone

yep.

dear student:

please check all of the above!


7 posted on 01/26/2005 5:52:33 PM PST by ken21
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To: Dog Gone
The potential for corruption is immense, even if it isn't occurring. There's no way for us to know.

Can you say, "Big Dig"? The way we'll know is when the cost overruns begin -- or when the toll increases start...

8 posted on 01/26/2005 6:03:43 PM PST by TXnMA (Attention, ACLU: There is no constitutionally protected right to NOT be offended -- Shove It!)
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To: Tolerance Sucks Rocks

Governor PERRY has to GO!
AND, , ,

http://www.firericwilliamson.com


9 posted on 01/26/2005 6:10:43 PM PST by MarshallDillon (<<<Click here to fight the toll road plan & RECALL MAYOR WILL WYNN the Double-Taxer)
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To: Tolerance Sucks Rocks
If the Pennsylvania Turnpike can make $320 million or so per year in profits, how much would the Texas Turnpike (or whatever it is called) be likely to make? Figure an easy $300 million per year, times 50 years = $15 billion or more.

Paying only $1.2 billion to the state and then $6 billion to develop it is chump change. Besides, the politicians will not actually use the windfall to reduce taxes but will treat it as "free money" to spend on pork.

I have not accounted for current value etc. since tolls will rise each year or few years to keep pace with inflation.

10 posted on 01/26/2005 6:41:33 PM PST by ikka
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To: Dog Gone
"Free roads are an illusion."

I'm not familiar with anyone asking for "Free" roads. What we're asking for is equitable treatment. Why should people who need to use limited access highways have to pay 22 cents per mile (gas tax and Cintra's toll), when people clogging up surface streets get by with paying 2 cents per mile (gas tax only)?

There are a lot of questions when the governor is permitted to go into a back room and negotiate a $7.2 Billion deal, without any input either from the legislature or the voters. That may not bother some people, but it scare the heck out of me.

Hopefully Kay will hand Perry his head in next year's Primary.
11 posted on 01/26/2005 9:14:11 PM PST by BobL
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To: TXnMA
Can you say, "Big Dig"? The way we'll know is when the cost overruns begin -- or when the toll increases start...

Toll roads in Texas have tended to be just the opposite. They get built faster and significantly under budget compared to public sector projects. The Hardy toll road in Houston is a good example of that. It was finished a year ahead of schedule and $50 million under budget. I've never seen state owned highways that got built as fast.

The "Big Dig" is a financed by the federal fuel taxes paid by drivers all over the US. At least with toll roads, the money doesn't get allocated according to which senator has seniority or which one is the party leader. I wonder how many people have died in other states due to the diversion of highway funds away from them postponement or cancellation of highway improvements.

12 posted on 01/26/2005 10:07:11 PM PST by Paleo Conservative (Hey! Hey! Ho! Ho! Andrew Heyward's got to go!)
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To: Tolerance Sucks Rocks

BTTT!!!!!!!


13 posted on 01/27/2005 3:10:56 AM PST by E.G.C.
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To: Paleo Conservative
"Toll roads in Texas have tended to be just the opposite. They get built faster and significantly under budget compared to public sector projects."


If it were only that simple, when you have back-room deals with Cintra. As the Canadians learned the hard way, there is no way to have a functional "free" highway system operating operating in parallel with privately run and protected toll roads. These toll roads will not get built UNLESS improvement of the "free" roads is stopped dead in its tracks, as is exactly what happened in Ontario. It was real easy in that case - the deal with Cintra was that any parallel improvement that reduces revenue to Cintra (i.e., maybe a widened, or even repaved?, I-35) means Cintra gets compensated for the next 50 years. The bottom line - I-35 is either left to wither on the vine, or tolls get charged on I-35, and all of that toll money goes to Cintra.

That, my friends, is simply a sellout.

There are other options.
14 posted on 01/27/2005 4:45:04 AM PST by BobL
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To: BobL
Why should people who need to use limited access highways have to pay 22 cents per mile (gas tax and Cintra's toll), when people clogging up surface streets get by with paying 2 cents per mile (gas tax only)?

If all the state money is being spent on maintaining and widening existing roads, then the really big new projects can't be built with state money. Nobody is being forced onto toll roads in this state.

Nobody likes tolls but nobody likes taxes, either. Yet most of us like new modern roads. You have to pick your poison.

15 posted on 01/27/2005 4:25:38 PM PST by Dog Gone
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To: ikka

I didn't even know the PA turnpike was making profits. I thought it was having red ink problems, but maybe I was misinformed. One thing's for sure: whatever profits they're making comes from keeping the tolls relatively low (currently at about 6 cents per mile). If the Trans-Texas Corridor administration wants to actually see profits, I think they would be wise to follow the PA Turnpike's example.


16 posted on 01/27/2005 6:52:27 PM PST by Tolerance Sucks Rocks (Deport 'em all; let Fox sort 'em out!)
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To: E.G.C.

5 cents a mile and no higher BUMP!


17 posted on 01/27/2005 6:54:20 PM PST by Tolerance Sucks Rocks (Deport 'em all; let Fox sort 'em out!)
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To: Dog Gone
From http://www.firericwilliamson.com/expensive.htm:

"A 6 cent per gallon gas tax increase will raise around $840 million per year $630 million goes to transportation, $210 million goes to education

"$610 million per year is enough to prevent all freeway-to-tollway conversions, as well as build many of the new highways we need."

In addition to that, if the portion of the gas tax that was (mis)directed toward education was redirected toward roads, things would be even better. And if the gas tax were raised, as some advocate, by ten cents per gallon instead of six, things would be even better, and it would still be lower than it is in eight other states.

18 posted on 01/27/2005 7:07:34 PM PST by Tolerance Sucks Rocks (Deport 'em all; let Fox sort 'em out!)
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To: Tolerance Sucks Rocks

Why are you so fascinated with the politics of road construction in Texas? It's equivalent to me having an obsession with fishing regulations in Chesapeake Bay and setting up a ping list for that topic.


19 posted on 01/27/2005 7:25:28 PM PST by Dog Gone
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To: Tolerance Sucks Rocks

They have a PDF somewhere on their web site (state.pa.us); they take in about $400 million per year, spend $50 million on maintenance and $30 million on wages (all those toll collectors making $40K + per year, plus the no doubt unionized maintenance guys), leaving $320 million of CASH which is promptly mis-spent by the thugs in business suits located in Harrisburg.


20 posted on 01/27/2005 7:25:46 PM PST by ikka
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