Request for copy of lease between NETEX and Publicwerks/TTC

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We have officially requested a copy of the lease that was approved 6-5 by NETEX with Publicwerks/TTC. If/when we receive a copy we will post it. This is the response we received by email from NETEX’s law firm.
This e-mail is in response to your request set forth below.  NETEX has no objection to the release of the lease agreement you have requested.  NETEX is, however, required to notify the lessee under the lease of your request.  The lessee has claimed the lease agreement contains certain “Information Involving Privacy or Proprietary Interests” of the lessee, within the meaning of the Texas Public Information Act.  Attached to this e-mail is a copy of the notice that was sent to the lessee regarding your request.  A hard copy has been sent to you as well.  You will note that a copy has also been sent to the Attorney General.  A copy of the lease agreement has also been provided the Attorney General.  The lessee may provide to the Attorney General reasons why it believes all or portions of the lease agreement is or are proprietary.   The Public Information Act requires that the lessee copy you on any such correspondence.  NETEX will not be submitting any additional information to the Attorney General, as it has no objection to providing you a copy of the lease, and will do so promptly upon receipt of approval from the Attorney General.
 
In the meantime, please feel free to contact the undersigned with any questions or concerns that you might have.

BANOWSKY & LEVINE, P.C.
12801 N. CENTRAL EXPRESSWAY
SUITE 1700
DALLAS, TEXAS 75243
(214) 871-1441 (direct)
(214) 871-0038 (facsimile)
(214) 734-5337 (cell)

Commissioner’s Williams Collin Co. Precinct 2 Town Hall 31 January 2013

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Event Page. The focus for this town hall is on transportation. Please see her facebook page for agenda details. She has made time for residents to discuss the proposed toll road.

The proposed toll road will be open for discussion with the Commissioner as the last agenda item for that town hall. This is your chance to provide feedback to her about the proposed toll road and its impacts to your Precinct.

 

Collin County Commissioner’s Court meeting schedule

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Collin County Commissioner’s Court meets every Monday at 1:30 pm with the exception of holidays or a fifth Monday. They will take public comments on any subject at the beginning of each meeting.

Citizens have three minutes to speak but the court cannot respond if the item is not on that day’s agenda.

This coming Monday there is an item on the agenda to brief the court on the tollroad and NETEX meeting. Please prepare your 3 minute statements so you can make the most of your time with the court.

Collin County Commissioners Court Collin County Administration Building

2300 Bloomdale Rd., Suite 4192 McKinney, TX 75071

Email: commcourt@collincountytx.gov Phone: 972-424-1460 ext. 4631

Fax: 972-548-4699

County Commissioners
2016 (R) Matt Shaheen Commissioner, Precinct 1 972-548-4628
2014 (R) Cheryl Williams Commissioner, Precinct 2 972-548-4626
2016 (R) Chris Hill Commissioner, Precinct 3 972-548-4625
2014 (R) Duncan Webb Commissioner, Precinct 4 972-548-4627

Events

NEPA and Environmental Studies

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I understand that Public Werks will be required to do an environmental study. However, since they are not publicly funded by state or federal dollars, they may not have to do anything more than this form right here:

http://www.nctcog.org/trans/tip/cda/RTREnvRevw040109.pdf

If that’s the case, it’s a joke. And the approval is only by the local boards. There are no checks and balances here. You have the same people dreaming up, fighting for, and voting on these projects with little or no possible room for questioning.

Please add your feedback from Rep Flynn’s office about opposition to proposed Toll Road

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I was contacted today by Jannis Milton (spelling?) and she stated she is a representative for Rep. Flynn and was responding to my letter against the proposed toll road project.
She stated that Rep. Flynn’s office has received numerous complaints, calls and letters all in opposition to the proposed toll road.
It was their (Rep. Flynn’s office, www.daflynn.com), understanding that this proposed toll road would be within the right of way that NETEX already owns.
I mentioned that NETEX only owns on average 100 foot of right of way and the meeting notes from NETEX and COG state that the proposed toll road is a profit making project to build a new commercial RR on the preexisting right of way. All of the supposed benefits( reduce I30 congestion, bring economic development, etc) are selling points, not the objective of the Toll Road. NETEX is solely focused on raising funds, regardless of the impacts to the current property owners concerns. I mentioned the 6-5 vote at NETEX because of some reps at NETEX are against the project because of the impact and the lease agreement as written. She was unaware of that vote. I mentioned that the meeting notes state that the toll road will need a total of 200 foot additional right of way and that the lease approved on Jan 9 requires that 50 foot of the current abandoned RR must remain for future development. This is a 200 foot total right of way being requested. I mentioned that if the toll road runs adjacent to the NETEX right of way, or through the developed farms, ranches and homes North or South of the abandoned RR, these homes, ranches and farms would have to be removed by both agreement to sell to NETEX and imminent domain for the owners that refuse to be bought out. Many are not willing to just take a check and give up on their way of life and their land for a private profit making scheme.
This started a conversation where she stated that Rep. Flynn has proposed legislation that would restrict the use of imminent domain more than it has been in the past.
Many of the topics we discussed were news to her, and she was unaware of the pace, scope and facts that have been accumulating since the Hunt Co. Commissioners Court meeting that tabled this motion for more time to study it.
I ask everyone that has been contacted by Rep. Flynn’s office to add your comments of your discussion on this blog for others to read.
She strongly stated that his office will be closely watching this proposed project and that if anyone has any additional concerns to not hesitate to contact his office by email or phone.

Conversation with Public Werks

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Based on what was said at the Hunt County Commissioners Court workshop and meeting, a conversation with a COG rep, and a conversation with a representative of Public Werks, Inc.:

  • Texas Turnpike Corp (TTC) can not own more than a 200ft wide strip for this project. (I believe this is one reason why the NETEX right-of-way lease is important to them. This would give them an extra 50ft, at least.)
  • TTC has been recognized by the state of Texas as an approved tolling authority for 10 or 12 years, similar to NTTA.
  • The NETEX lease agreement was signed at the January 9, 2013 meeting. An upfront payment of $25,000 was made to NETEX from TTC for the initial agreement. The other details can be found in the agreement.
  • Public Werks is working with an investment consultant called KPMG to facilitate funding of their project through private investors.
  • Public Werks has been in meetings and discussions with parties involved in the Walton Development. These two projects are mutually beneficial to each other.
  • They have NO plans for any type of sound/noise or safety barriers along the toll road in Hunt County. If it backs up to your property, it will be an eye soar as well as a major source of noise.
  • There will be some type of agreement signed that will protect the profits of the toll road from any “adverse events.” (This can best be defined as a non-compete agreement. Meaning that if any existing road conditions are improved or enhanced in any way that might cause someone to choose a free road over their tollway, the toll company will be compensated for loss of revenue. So your tax dollars will help fund this private company’s profits…you get to pay for the road in tolls and taxes. This takes decision making for local roads out of the hands of your local officials for the next 50 years. In essence, it gives Public Werks a monopoly.)
  • The final route is not set in stone. (Contact your local officials to express your concerns and thoughts on alternatives.)
  • NCTCOG has bought in to the idea that this road is needed and wanted. Public Werks has met the 3-fold requirement of COG to be included on the long term plans for this area. The 3 requirements of COG to get a project like this on the plan are as follows:
    1. Funding
    2. Design
    3. Public Involvement
  • For the January, February, and March meetings of the COG’s Regional Transprotation Council (RTC) meetings, this project is an “information item.” It is being presented as 1 of about 10 such projects in the North Texas area for inclusion in a long term plan. These meetings don’t go into detail about the project, just states that it is an item to be considered. However, in the April RTC meeting, the project will be an “action item” and will be voted on and approved for inclusion in the long term plan. They hope to be able to start construction very soon after (within a year or two).
  • This is moving VERY fast. Public Werks has already started work on the environmental study that is required by the state. This is probably the final hurdle in getting this thing through. The best, and maybe only, place to get this stopped is in the Hunt County Commissioners Court.