Collin, Denton county officials ponder funds

August 8, 2007

By Brandi Hart, staff writer / Colony Courier-Leader

Collin County Judge Keith Self was unsure Monday if the commissioners court would try and change an agreement with the Regional Transportation Council about where toll money will be collected when State Highway 121 is expanded.

The Regional Transportation Council of the North Central Texas Council of Governments may approve an agreement with the North Texas Tollway Authority on Thursday about the quantification of public benefits in NTTA's proposal for SH 121 in both Collin and Denton counties.

The major terms of the agreement include the NTTA paying two payments of $2.5 billion and about $833 million in lieu of annual lease payments for a total of about $3.3 billion within 45 days of execution of the agreement. The NTTA must also negotiate the agreement with the Texas Department of Transportation. The NTTA must achieve financial close and deliver the upfront payments no later than 45 days after the execution and delivery of the project agreement.

Self said the commissioners have been looking at the agreement, and the bottom line is the RTC is considering distributing the funds that will be generated from the tollway not where toll payers' live but where the tolls will be located.

"The toll payers are the people who will be paying the tolls. I believe the RTC should return the money where the toll payers live. Denton County is not expected to pay for the construction of the road because Denton County did give up some gas tax money, but they are not being charged the full amount of the construction," Self said.

The commissioners will next meet on Aug. 14, and Self did not know if the issue would be on the agenda, he said. Commissioner Joe Jaynes is planning to attend the RTC meeting Thursday.

"I'm going to stick with what the RTC's policy is. We'll be getting over $1 billion back from the expansion of SH 121. If we went with just revenues from toll way users, there's a chance we could be getting less than what we have. I think we're on the right track. I don't think the RTC will make a final decision until October," Jaynes said.

He believes a lot of counties in the country who would love to be in the situation Collin County is in right now, regarding the SH 121 expansion, Jaynes said.

"We could have a $236 million bond election on Nov. 6 and by participating with our cities that's over $415 million in projects. We'll also have the additional revenue from 121," Jaynes said.

Commissioner Jerry Hoagland said he would like to change the agreement, if possible, if the commissioners could work it out with the RTC.

"I know Denton County probably doesn't want to lose the money and we'll have to see what will happen," Hoagland said.

The Texas Transportation Commission chose the NTTA to undertake the development, design, construction, financing, operation and maintenance of SH 121. The RTC recommended on June 18 that the TTC choose the NTTA deal for the highway.

As previously reported in the McKinney Courier-Gazette, John Polster, Denton County's transportation consultant, said he expects Collin County officials to make a "full-court press" to change the agreement on the division of SH 121 funds at the RTC's meeting Thursday.

Denton County is expected to receive $1.5 billion of $3.3 billion generated by the tollway. Polster told the commission that new proposals from the Collin County delegation would re-divide that money and send it eastward.

Polster said Denton County will generate the majority of revenue because SH 121 is more critical to Denton County transportation than to Collin County, which has many alternative roadway options.

"It's a very captive audience," he said of Denton County SH 121 users. He said he has seen some movement toward the Collin County position in recent days, particularly from cities in Collin County that had been in support of the previous agreement.

Commissioners Phyllis Cole and Jack Hatchell could not be reached for comment by deadline Monday afternoon.

Staff writer Kevin Bowen contributed to this story.