121 toll bids go
under microscope
Panel to decide if
Cintra, NTTA is best
financial deal for
region
June 14,
2007
By JAKE BATSELL and
MICHAEL A.
LINDENBERGER / The
Dallas Morning News
Billions of
dollars for North
Texas roads could be
at stake today when
the Regional
Transportation
Council considers
dueling bids for the
State Highway 121
toll road project.
Both the North
Texas Tollway
Authority and
Cintra, based in
Madrid, Spain, are
dangling a king's
ransom – about $3
billion in cash –
for the 26 coveted
miles in Collin and
Denton counties.
The two bidders
will make final
arguments for why
they should build
what is likely to be
the most lucrative
toll project in
North Texas history.
The rival pitches
will cap an
emotional eight-year
battle over how and
when the toll road
will be constructed.
Each side also
argues that its bid
will better position
the region for
billions worth of
future toll road
projects.
On Monday, the
transportation
council will vote on
which bid to
recommend for
approval to the
Texas Transportation
Commission. The
commission is due to
make a final
decision on June 28.
Today's hearing
pits two powerful
forces – Gov. Rick
Perry's initiative
to privatize roads
vs. a public
backlash against
selling a state road
and its future toll
revenues to a
foreign company.
Some local leaders
have already chosen
sides, while others
say that information
delivered today may
sway them.
"It's going to be
interesting," said
transportation
council member John
Heiman Jr., a member
of the Mesquite City
Council.
"Everybody's really
keeping their cards
real close to their
chest on this one. I
think it's an
emotional and a
financial issue.
It's a classic
political
situation."
What's likely to
be most persuasive
to the council's 39
members, however, is
not the oft-repeated
pitches but a pair
of financial studies
from experts invited
to weigh in today.
Council director
Michael Morris
invited the two
teams to determine
which offer is best
for the region: the
NTTA's, with its
higher cash
payments, or the one
from Cintra, which
says its bid will
mean more money –
and more roads built
– in the long run.
Mr. Morris said
the council will
endorse whichever
plan brings the best
deal for North
Texas, a judgment
that he said will
depend in large part
on the experts'
conclusions, which
will be presented
today.
"The law requires
us to pay attention
to the numbers," he
said. "I don't know
why we wouldn't.
Wherever the numbers
take us is where we
will go."
Whatever happens,
North Texas is in
line to rake in an
upfront payment of
more than $2 billion
to help build other
roads throughout the
region. The winning
bidder also will pay
the state at least
$700 million in
today's dollars over
the next 50 years.
Different
approaches
The rival plans
offer two radically
different ways of
doing business.
Cintra has invested
billions in major
road projects across
the globe and,
increasingly,
throughout the U.S.
It promises to bring
nearly $800 million
in private equity to
the 121 project, and
it says a vote for
Cintra will help
North Texas lure
more private money
to reduce the
backlog of badly
needed road projects
for which no public
money is available.
It was an
argument that found
success in March,
when the Texas
Transportation
Commission voted to
give the 121
contract to Cintra
over two other
private firms. But
the idea of awarding
a 50-year lease to a
foreign firm to run
what will be one of
North Texas' most
important roads
quickly drew
opposition in the
Legislature.
Under pressure
from lawmakers, the
transportation
council was asked to
invite the
NTTA to
make a rival bid.
Cintra said
awarding the
contract to a public
tolling agency after
already selecting a
private bidder could
make future
investors skittish.
"If, at the end,
the powers that be
decide to choose
NTTA, they're
sending a very
strong signal to the
market," said José López, Cintra's U.S.
director. "The
market will not read
it well."
Still, the
NTTA's
bid has been hard to
ignore. It promises
to pay about $400
million more up
front for the right
to build and
maintain the road,
and an additional
$133 million in
total yearly
payments over the
life of the deal.
"We have put
forward a
financially superior
plan that will
benefit citizens of
our region for years
to come," said Paul
Wageman, chairman of
the
NTTA board.
Predicting
returns
Thanks to the
heavy traffic
forecast for the new
road, the profits
for whoever collects
the tolls could be
high. Mr. López said
that over the
50-year lifetime of
the deal, his firm
expects it would see
an average annual
return of 12.5
percent on the
equity invested. The
NTTA predicts it
would earn $1.3
billion in profit,
even after paying
the interest for the
bonds it would have
to sell to finance
its involvement.
Mr. López said
the road's profits
will help entice
future partners from
the private sector –
something that he
said the Dallas
area, like congested
regions everywhere,
will increasingly
need as
transportation needs
outstrip available
public resources.
NTTA's money, he
said, should be used
to finance other
toll projects for
which there is no
private-sector
interest. By working
together, he said,
the private and
public sectors will
get more roads built
in the long run.
That's not so,
said Mr. Wageman.
Profits generated by
the project will be
put to better use if
kept in the region,
rather than returned
to shareholders
eager for a
dividend, he said.
The
NTTA would
reinvest the profits
in building more
North Texas roads,
he said.
"We're going to
be more aggressive
going forward in
building more roads,
sooner," Mr. Wageman
said. "And the
revenues from this
contract will
greatly expand our
ability to borrow
the money we need to
build more projects.
It will add billions
to our debt
capacity."
Weighing each
side's numbers and
their impact on
future road projects
is critical, Mr.
Morris said.
On Monday, Gov.
Rick Perry signed a
new transportation
law that, among
other things, says
NTTA should be given
the contract if its
proposal is of equal
or greater
"financial value" to
the region.
The council has
spent $200,000 to
hire accounting
powerhouse Price
Waterhouse Coopers
to evaluate the
proposals with that
in mind, Mr. Morris
said.
A bedeviling
detail may well be
how "financial
value" is defined.
Mr. Morris, for
instance, insists
that the law means
the council should
consider more than
just the dollar
figures attached to
the rival bids. If
Cintra is correct in
arguing that
NTTA's
victory would mean
either higher toll
rates in the future
or fewer roads being
built down the road,
the council should
consider that, too,
he said.
Mr. Wageman said
neither of Cintra's
claims is true. In
any case, he argues,
the language of the
law should be read
on its face – that
the contract should
go to
NTTA if its
offer for the 121
project is better
than its
private-sector
rival's.
Also making a
short presentation
today will be the
review team from the
Texas Department of
Transportation that
selected Cintra for
the project
initially.
That puts
NTTA in
an odd predicament,
Mr. Wageman said.
The Transportation
Department, which
has already awarded
the contract to
Cintra once, will
make a
recommendation to
the regional
council. And the
Transportation
Department reports
to the Texas
Transportation
Commission, which
will make the final
decision on the
project.
"Obviously, there
has been a lot of
stuff going on that
has given us pause,"
Mr. Wageman said. "I
have a lot of
concern about the
objectivity of the
selection process."
Still, he said,
he trusts the word
of state
transportation
commissioners.
Ric Williamson,
chairman of the
governor-appointed
commission,
repeatedly has said
that state leaders
will almost
certainly defer to
the Regional
Transportation
Council's decision.
"We just believe
that if you have a
strategy that says
empower local and
regional government
... you stay out of
it, other than
making sure the law
is followed and
making sure good
engineering
practices are used,"
Mr. Williamson said
this year.
Tollway authority
leaders contend they
were muscled out of
the 121 bidding
process last year by
state officials
fixated on awarding
the deal to a
private bidder.
Critics of the
NTTA,
meanwhile, say the
agency hasn't been
aggressive enough in
meeting the region's
transportation
needs, particularly
in Denton and
Tarrant counties.
They also point out
that the tollway
authority has passed
on previous chances
to build the 121
toll road since
first exploring the
project in 1999.
Mr. Wageman
concedes that the
authority has been
perceived as too
cautious in the
past. But he said
that's no longer the
case. With
construction costs
rising so quickly,
the
NTTA is
determined to build
as many roads as
quickly as it can.
The revenues from
the 121 project will
help accomplish
that, he said.
Even if today's
meeting is all about
the numbers and
financial models,
other considerations
between now and
Monday will have the
greatest influence,
suggested Mr. Heiman,
the council member
from Mesquite.
"In the end, make
no mistake, it's all
going to come down
to politics," he
said.
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