No response

No surprise.

This attorney wouldn't call the FW Weekly back.  WHY not?

Call and ask him.  Check on the status of YOUR First Amendment rights.

And back up a Texas Hero while you're at it. 

Is there an attorney in the house?

Read about TXSharon and Range Resources on the Fort Worth Weekly.com.  They have the digits.

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Texas Eminent Domain Superheroes Unite

For the benefit of THE PEOPLE.  Monday, across the state of Texas, many will come together to save Texans property rights.

There are 80 properties in the way in Texas with the Canadian pipeline, up 90 in Tarrant County with the Trinity River Vision, how many due to the freeway projects taking place across the state, what about local pipelines?  WHO's next?

WHO's standing up for YOU?  Your "leaders"?  Of course not.  THE PEOPLE. 

MEDIA ADVISORY

In Texas Private Property a Growing Issue for Keystone Pipeline

A new statewide coalition of groups and advocates for private property rights is announcing its support for landowners along the path of the Keystone XL pipeline in Texas. The group charges that TransCanada, the company proposing to build the pipeline, has used eminent domain to bully landowners and condemn private property.

“Texas politicians talk tough on eminent domain, but with Keystone we have a pipeline acting as a ‘common carrier’ and bludgeoning private property owners with eminent domain when there’s a real question whether it meets the legal requirements to do so,” said Debra Medina, former Republican gubernatorial candidate and director of We Texans.

WHAT: Press conference on private property and eminent domain issues facing Keystone XL

WHEN: Monday, February 13th (various times, see below)

WHERE: Dallas – Turley Law Center, 6440 N. Central Expressway, 10:30am
       Houston – Location & Time TBA
       Austin – Texas Railroad Commission, 1701 Congress Ave., 3:30pm
       San Antonio – Location TBA, 3:45pm

WHY: Landowners and prominent private property advocates uniting on Keystone XL

The coalition boasts a diverse group of advocates who are hosting press conferences around the state on February 13th. Press conferences will feature private property owners from East Texas who’ve had property condemned or been bullied into negotiated settlements and who say their story has not been told. The press conferences will be as follows:

• Dallas – Calvin Tillman, former mayor of DISH, TX will present landowners Julia Trigg Crawford and Eleanor Fairchild
• Houston – Debra Medina,executive director of We Texans and  former Republican candidate for governor, will present landowner Mike Hathorn
• Austin – Linda Curtis, director of Independent Texans, and Jessica Ellison of Texans for Accountable Government will present landowner Julia Trigg Crawford
• San Antonio – Terri Hall, director of Texans Uniting for Reform and Freedom, will present landowner Eleanor Fairchild

The coalition of advocates points to more than 80 cases in Texas where TransCanada, a foreign pipeline company, condemned private property belonging to Texans. The group also points out that the company misled landowners, telling them the pipeline had all necessary permits and repeatedly telling individual landowners that they were the last holdouts, making the pipeline seem inevitable and securing more favorable terms for the company.

The groups advocates draw parallels between the Keystone XL pipeline and the Trans-Texas Corridor, a proposed highway that many of them were active in defeating.

Debra Medina –  979.253.0220
Calvin Tillman – 940.453.3640
Linda Curtis – 512.535.7208
Terri Hall – 210.2750640
Jessica Ellison – 512.653.9179

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WHO owns YOUR town?

WHAT would you say if a foreign government did?

If they owned the water and the roads and the right to eminent domain.

What was Betsy Price doing in China?

Catch up on TURF.  YOU need to protect yours.  No one else will.

Seeking to defuse fears that it might use its massive USD 3.2 trillion in foreign reserves as a "political weapon", China today said it is willing to turn some of its holdings of US debt into investment in America to improve its infrastructure. 
 
It seems like foreign governments and corporations are craving U.S. public assets like toll roads, electrical grids and railways. In the case of our largest creditor, the Chinese government, they don’t want any more U.S. Treasuries, but they do want to own the hard assets that comprise our nation’s infrastructure.

It’s a good stance for our President to encourage foreign investment. But is it such a great idea for foreign firms to own our most vital infrastructure? In 2006 an enormous controversy rocked Washington when a private firm from Dubai was negotiating a deal simply to operate 22 U.S. ports. A bipartisan opposition centering on national security eventually emerged and killed the arrangement.

If the Chinese government wants to invest in U.S. infrastructure, the best place for them to do so is the municipal or corporate bond market where they can buy bonds in water and sewer systems, among other infrastructure assets. Direct ownership, even through public/private partnerships, shouldn’t be allowed. Again, national security concerns must be paramount when it comes to our infrastructure.

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Welcome to Frackville

This time we're not talking about Cowtown. 

Frackville is just a hop, skip and a jump from another town in PA, which has been taken by eminent domain (yes, the whole town) because the under world is on fire, literally. 

Check it out on Durango.

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WHO do you Love?

The Fort Worth Business Press has a follow up article on the Tim Love Woodshed on the Trinity River.  We've added our own questions.  YOU should too. 

Calls to David Hall and Randal Harwood at the Fort Worth planning and development department requesting information about the code compliance issues were not returned. Love also did not return calls.

WHY is that?  Hello...?  Anyone there?

The Woodshed was scheduled to open on Labor Day, then in October, and then last week, but Love told questioners on Twitter that the opening is several weeks away and that the outdoor deck “might” be opened in mid-January to attract visitors to the Fort Worth Stock Show and Rodeo.


“He’s a world-class chef; he’s famous,” Lane said. “This was a business proposition, trying to stimulate interest in the river and in Fort Worth. Sit and watch, there’ll be money made for the regional water district.”

Was Lane elected to promote famous people or protect those WHO elected him?  WHEN did the Tarrant Regional Water District change its mission to "make money"?

That might answer a few questions about why a water district – without competitive bidding or a vote by its board of directors – would spend nearly $1 million to build a restaurant and sign a 10-year contract with Tim Love to manage it.

Information about the deal was made public after Texas Public Information Act requests by the Fort Worth Business Press and was featured in a story in the Dec. 5 edition.

WHY would that be?  Wonder WHAT else could be learned from more requests?  Ask YOUR local media. 

The Woodshed restaurant is located at 3201 Riverfront Drive, near the Fort Worth Zoo and University Park Village shopping center, on land the water district owns. Instead of paying rent on the building, Love will pay a percentage of the restaurant’s total sales to the Trinity River Vision, a subsidiary of the TRWD. Love also is responsible for utilities, maintenance and upkeep of the building.

A taxpayer purchased, risk free restaurant in a floodplain, next to the contaminated Trinity River, on land owned by the Tarrant Regional Water District...WHAT could possibly go wrong with that?

He was recruited for the deal by J.D. Granger, executive director of the Trinity River Vision Authority and the son of U.S. Rep. Kay Granger (R-Fort Worth), a proponent for the TRV development and flood-control project along the river.

Proponent made us laugh.  The following says it all:

“Whether it’s an abatement, TIF, public/private partnership, getting favorable changes in the law to reduce private risk – it never stops,” Picht said. “TRV is in a class by itself for getting so much public money from so many sources while having no transparency, no hope of keeping within budget, no competent management, and no hope of producing the product that was advertised in the original concept plan.” he said.

Water district officials say the criticism is unwarranted. The idea behind the TRV always has been to reintegrate the Trinity River back into the city and make it a centerpiece of economic development, they say.

Funny, we thought the plan was always "flood control".  Oops. 

Taxpayers aren’t footing the bill for the restaurant, Oliver said. “The project was paid for with oil and gas revenues so it didn’t impact the portion of our budget funded by taxpayers,” he said.

Those revenues, however, come from gas wells located on public land owned by the water district. 

Duh.  

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Texas Women

Have been kicking butt and taking names this week, literally.

The League of Women Voters in Tarrant County have been asking questions.

Teri Hall's TURF helped defeat Proposition 4.  (Too bad THE PEOPLE didn't read the other Props).

WHO issued a warning about Prop 2?  (Not just Texas Lone Star)  Debra Medina.

"Rather than providing solutions to the water needs facing Texas, the additional debt imposed on Texans by Prop 2 compounds the problem," warned Debra Medina, Founder, We Texans. "InfrastructureTexas.org put out information playing on voters' fears about the drought and wildfires. Many Texans believed this money was going to fund needed water projects with no cost to them. H204Texas PAC put out an email saying Prop 2 would cost the taxpayers NOTHING. But we know better and we'll be watching TWDB's every move to ensure taxpayers and Texans' water rights are protected."

And TXSharon's tapes from the gas drilling conference made CNBC.  She has "16 hours of tape".

Texas Women, you gotta love them.

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How much Love?

People just keep asking about the Woodshed.  In a recent Fort Worth, Texas Magazine article Tim Love says he's going to write an open letter to the state about the bureaucracy of opening restaurants.  He says it's more difficult now and "To open a restaurant now is a minimum half-million dollars, probably $1.5 million. In my opinion, that isn't fair."

Probably?  He's not sure?  Isn't he opening the Woodshed?  People keep asking about the price tag of it, since it sits on Tarrant Regional Water District property.

And if you were wondering, yes, he plugged the Trinity River Vision.

He notes Angelo's Bar-B-Que gets it right and isn't going anywhere.  Too bad all their neighbors are being acquired by eminent domain.  He also mentions Railhead, which happens to be Charlie Geren's restaurant.

In Texas, we keep it in the "family".

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Meanwhile, back on the ranch

The Fort Worth Star-Telegram sticks with the usual spin. 

Don't worry, your local "news" knows "what's good for you". Remember, THEY also tell you WHO to vote for.  How's all that working out for ya?

And how has this worked out in the past?

WHY would a local politician and backers "scratch and claw" for this project?

That "local government money" they talk about, where do YOU think they get that?

The federal government may be in a world of hurt, but not the Trinity River Vision.

That was the message last week, when Rep. Kay Granger, R-Fort Worth, called a news conference to announce that $15 million in federal money had been secured for the river project.

Given that the TRV is estimated to cost $910 million and take at least 10 more years to complete, it hardly seems newsworthy that officials locked up 1.6 percent of the budget. Except that these days, every federal dollar is precious, and Granger's TRV coalition served notice that it'll scratch and claw to keep the Fort Worth project on track.

Maybe its best argument is that local government is paying more of the early costs rather than relying exclusively on Uncle Sam. Through August, local sources had contributed $83 million toward the project, while the federal allocation was almost $44 million, not including the latest $15 million pledge.

Despite some Republicans calling for an end to earmarks, Granger believes that this cost sharing will keep the TRV on course.

"The projects that can't come up with their local funds are the ones that are really going to slow down," Granger said. "That's one reason ours goes to the top of the list."

Fortunately, this ambitious idea took root in 2001. Back then, most people still believed that government could do great things, such as moving a river and reviving a distressed area about the size of the central business district.

But such progress gets overshadowed by the infighting in Washington, where earmarks -- money OK'd by Congress for specific projects advocated by members -- have been attacked as wasteful spending. That broad brush discredits every infrastructure project in the country, including the good ones. And the TRV is counting on the feds to cover more than half its budget, or nearly $488 million, so Granger has to keep the money flowing.

The Army Corps of Engineers, penciled in to provide the big bucks, isn't expected to start digging the $94 million bypass channel for three years, so a lot could change by then. Officials are already adjusting schedules in the event that Congress reverses course and plows new money into infrastructure jobs; if that happens, several pieces of the TRV will be shovel-ready and eager to compete for funding.

But at the moment and probably until the TRV is finished, there will be fears that federal support will dry up. Granger said she's always asked whether local, state and national leaders are still behind it.

"Our actions speak as loud as our words," Granger said Thursday, proud that local officials had found a way to land more money.

Originally, the Transportation Department was supposed to provide the last piece of funding for two bridges on Henderson and North Main streets. But the transportation bill is bogged down over a House proposal to cut spending by 30 percent, so Granger went to the Regional Transportation Council of the North Central Texas Council of Governments.

That local agency had enough federal money to close the gap. Bridge construction starts next year, and Granger was quick to say that 800 jobs will be created.

If the federal money stopped completely, the TRV would be in serious trouble. The local players -- the Tarrant Regional Water District, Tarrant County and Fort Worth -- have already pledged a combined $102 million.

In a more austere time, when the corps can't do as much, one priority should be to finish projects that are under way. The TRV has already bought property, moved businesses, demolished old buildings and completed some environmental cleanup. Building bridges adds to the list.

Under the worst-case scenario, local governments could increase their contribution, Granger said. And some cities have sold bonds to complete vital projects. She wouldn't suggest how the local share might change, saying any shift wouldn't be necessary until 2014 or beyond.

"It'll be a year-to-year thing" with federal funding, said Vic Henderson, president of the water district. "We may have to slow it down some time, but we'll finish this project."

Officials also discovered that the bypass channel could be about 8 feet shallower than initially projected, which will cut extraction costs by $10 million to $15 million.

Sometimes, the savings benefit the Army Corps' side of the ledger; other times, they lower the costs for local players. Either way, the TRV wins and in the process shows how a ground-breaking project should work.

That's not only good for taxpayers and government. It may be the only way to keep the federal money coming.

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THEY "found" some money...

Yeah, it's YOURS too.

Another $15 million, that will keep the Trinity River Vision afloat, for now.  They needed to do something, people are starting to ask questions and put 2 and 2 together.  Sometimes that adds up to a billion.  But that's ok, it's YOUR money.

Read along with us about the Trinity River Vision bridges and their funding in the Fort Worth Star-Telegram.

The first of three new bridges connecting downtown Fort Worth to the planned Trinity Uptown project is on course to be under construction by next fall, after officials disclosed Thursday that they had found $15 million more in federal funds to pay for the project.

* They FOUND $15 million?  WHO lost it in the first place?

"It allows us to stay on budget. In the next few years, we can build these bridges before we build the lake," said U.S. Rep. Kay Granger, R-Fort Worth.

Granger, Fort Worth Mayor Betsy Price and other dignitaries gathered Thursday at the Fort Worth Club to thank regional planners for setting aside $15 million in federal mobility funds for the new Henderson Street and North Main Street bridges. The money, approved last week by the Regional Transportation Council, will be combined with $23 million in federal funds previously arranged by Granger and $24.8 million in local funds, enough to ensure that the bridges can be built, they said.

* WHO are the "other dignitaries"?  WHO are the "regional planners"?  WHO is on the Regional Transportation Council?  If you guessed part of the North Central Texas Council of Governments, you were right on the money.

(Remember WHY TURF was created?)  You may notice on their website, the August meeting would not be recorded.  WHY?

Transportation construction is part of the initial focus of the Trinity Uptown project, a $909 million effort to convert the near north side of Fort Worth into a walkable neighborhood with dense residential areas, shops, museums and night life.

* Key word, dense.

The project would accomplish many goals that city officials have long touted -- flood control, economic development, ecological restoration, and increased recreation on the river and its banks.

* This has been touted as a lot of things, looks like the list is expanding.

Thursday's funding announcement is the latest example of how aggressively local leaders are working to start construction of the Trinity Uptown bridges.

Those figures, however, don't include land acquisition, relocation, cleanup and other costs that could push the total to $110 million, officials have said.

* This is the part in a commercial when they talk real fast at the end and tell you what all is NOT included.

The original plan was to use some of the state's voter-approved transportation bonds, but the Regional Transportation Council instead found $15 million available in federal surface transportation funds, Fort Worth Councilman Jungus Jordan said.

*  When it starts off with "the original plan was...but"  YOU know you're in for it.  Again, WHERE did they find this money?

The city is responsible for construction of the bridges. Partner agencies include the Tarrant Regional Water District and Tarrant County. Officials with the Texas Department of Transportation and Army Corps of Engineers were also on hand Thursday.

* The partners are WHO YOU thought they were.  They always are. 

There were some interesting comments on the article, too:

Is this the same Kay Granger that rails against the spending of taxpayer money on pork? The same Kay Granger that voted against the stimulus but gladly takes stimulus dollars for her pet projects and to benefit her special interest donors? The same Kay Granger that spends taxpayer money railing the President faithfully on every GOP talking point, but whose actions don't follow those words? Yeah. Same one. Go figure.

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Did we read that right??

Did Railroad Commissioners just stand up for THE PEOPLE and their property?

Against the industry?  Against their money??

Read the Fort Worth Star-Telegram.  YOU won't believe it.

The Railroad Commission has shown some spine.

Last week, on Chesapeake Energy's request to "force pool" some residential properties for drilling in the Glen Garden neighborhood of southeast Fort Worth, commissioners Barry Smitherman and David Porter politely but decidedly beat up on the big local company and its attorneys for belligerent behavior.

One of the arguments that Chesapeake's offer was not fair and reasonable was that it asked property owners who had not signed mineral leases to take a "working interest" in the well, under which they would share in the profits but would pay twice their share of the well's costs. It gave them 14 days in which to decide, and they were told they would be given a written copy of the agreement after they said they wanted to go that route.

Under questioning from Jones, hearing examiner James Doherty said, "To me, it just seems unfair on its face to expect somebody to commit to enter into an agreement that they've never been given the opportunity to see."

Since that didn't work, he said, he joined Porter in making the vote 2-1 to deny the company's pooling application.

The commission moved to a case in which Chesapeake asked for a "Rule 37 exception" that would give it more flexibility in drilling on 182 acres in Crowley.

"In the nine months I've been here," Porter said, "this may be the poorest fact case I've seen on a Rule 37 request."

It wasn't Chesapeake's day. The commission unanimously denied that request.

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Look what THEY did...

This woman is unstoppable. We like her.

Teri Hall just held TURF's Stars of Texas Awards, they were given to State Rep's & a Commissioner that actually did their jobs and protected THE PEOPLE of Texas. Want to know what THEY had to say?

Kolkhorst teared up as she listened to Hall recount the stories that lead up to the repeal of the TTC. As she accepted her award she remarked, "How could we even think of selling off our infrastructure to foreign companies? Shame on us, shame on us for thinking about it. I will fight any Republican, any Democrat, anyone who wants to take our state from us."

I don't know how you did it. The deck was so stacked against you...You inspire me, you will inspire other generations. God bless Texas and may it always stand as a free and sovereign nation," Kolkhorst concluded at the end of her emotional speech.

Simpson in typical form, brought a hush over the room as he spoke, "Civil government has destroyed many lives. What is fundamental to property or to working is the movement of our bodies, in a sense, transportation. I'm encouraged by the people who are waking up and listening who are holding coffees, holding town hall meetings, looking at voting records."

Leibowitz praised the grassroots who worked together toward a common goal to slay the TTC, "This really is a very special group you have put together. Many different political philosophies, different walks of life, urban, rural, people that have come together for a common cause. People that come forward and work together to get something accomplished, they do end up, in fact, literally moving mountains."

Dunnam said the "danger we have today in all levels of our government is that certain people 'own' it...the people stood up and stopped these toll roads in my district. It was all about the money, all about money for private interests making money off the government."
He went on to assert that elected officials are afraid to stand up to the money, "but, fortunately, they're also afraid of y'all" (pointing to Hall).

Our hats off to Teri, TURF and friends.

If you haven't seen Molina's -  Truth Be Tolled, you should.  YOU don't know what you're missing...

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Same song and dance

Any of this starting to sound familiar, yet?

Texas in the New York Times...again.  

Eminent Domain Fight Has a Canadian Twist

Randy Thompson, a Nebraska landowner, is challenging the assumption by TransCanada that it can seize land for an oil pipeline. 

 
 By LESLIE KAUFMAN and DAN FROSCH
    Published: October 17, 2011 

 A Canadian company has been threatening to confiscate private land from South Dakota to the Gulf of Mexico, and is already suing many who have refused to allow the Keystone XL pipeline on their property even though the controversial project has yet to receive federal approval. 
 
Randy Thompson, a cattle buyer in Nebraska, was informed that if he did not grant pipeline access to 80 of the 400 acres left to him by his mother along the Platte River, "Keystone will use eminent domain to acquire the easement." 

Sue Kelso and her large extended family in Oklahoma were sued in the local district court by TransCanada, the pipeline company, after she and her siblings refused to allow the pipeline to cross their pasture. "Their land agent told us the very first day she met with us, you either take the money or they're going to condemn the land," Mrs. Kelso said. 

By its own count, the company currently has 34 eminent domain actions against landowners in Texas and an additional 22 in South Dakota. 

“It was a hard decision whether I wanted to fight and spend all this money even though I could lose the thing,” Ms. Fairchild said in a weary drawl. “But somebody needs to fight them. I decided it would be me.” 

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In the Crosshairs

On today's (October 5th) TRVA board agenda:

CONSIDER RECOMMENDATION TO THE BOARD OF DIRECTORS OF THE TARRANT REGIONAL WATER DISTRICT TO ACQUIRE FEE SIMPLE TITLE TO THE SURFACE ESTATE ONLY,

INCLUDING IMPROVEMENTS LOCATED THEREON, OF APPROXIMATELY 2.955 ACRES OF LAND BEING LOTS 1 AND 2, AND THE NORTH 85 FEET OF LOT 3, BLOCK 252, NORTH FORT WORTH ADDITION, TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 204-A, PAGE 117, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.),

AND FURTHER BEING A TRACT OF LAND DESCRIBED IN A DEED TO J.R. STEVENS, SR. AND J.R. STEVENS, JR., RECORDED IN VOLUME 12584, PAGE 1468, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.); TOGETHER WITH THE SOUTH 30 FEET OF A TRACT MARKED “RESERVED” WHICH LIES BETWEEN BLOCKS 251 AND 252 ON SAID PLAT,

BY EMINENT DOMAIN OR BY PURCHASE, FOR THE TRINITY RIVER VISION PROJECT – STEVE CHRISTIAN (TRVA, REAL PROPERTY DIRECTOR)

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What does the "news" paper say?

Fort Worth road not getting repaired.

"Fort Worth remains way behind on road repairs"

But not to worry.  As of August 23, the Trinity River Vision was right on schedule.  And only a million more.

WHAT happened to the gamble that was taken with YOUR money?  WHAT will happen with the next one?  WHICH one is a priority to YOU?

Of that money, more than $32 million was first approved by voters about seven years ago.

Why wasn't the money spent? City officials say they hung onto tens of millions in an attempt to grab federal stimulus money -- yet didn't know what work, if any, would qualify. In the end, almost all those projects failed to pan out, leaving neighborhood streets and thoroughfares broken despite voter approval of bonds to pay to fix them.

The explanations go on: inadequate debt capacity, a slowdown in projects due to the recession and a lack of accountability within the Transportation & Public Works Department. And, city officials say, the staff didn't push hard enough to get the job done.

"Reports coming through management were lax. Accountability was a major issue. The focus was not there," Councilman Jungus Jordan said.

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Money Pit

Fort Worth Fire Training Center

Two years ago, Clyde Picht asked WHO was going to pay to move the Fort Worth Police and Fire Training Academy that needs to be moved because of Trinity Uptown and the Trinity River Vision.

Think he knew the answer?

YOU do.

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What's wrong with Texas?

You wouldn't believe how many people google that phrase each day.

Most of us here at Lone Star are all lifelong Texans, the rest got here as quick as they could.  We love Texas  though sadly, these days, we can relate to WHY people would be asking that question.

Here's a few things just to get the ball rolling -

We have some of the worst air in the nation.  Instead of working with the EPA to correct it, some Texas politicians are fighting them claiming, "we'll lose jobs".  Uh, dead people don't need jobs. 

You want to drill next to homes, rivers, creeks, schools? No problem, make a donation to a  campaign, church, library or museum and it's yours.

We can't afford to give money to our schools.  Though we can apparently afford to give some of those air polluting friends of our politicians tax rebates.  That means WE are paying the refineries. Did we mention we can't afford to fund our schools?


We are in the top 5 in the nation for horrid traffic messes.  Mind you, we're building freeways all around, however they ain't free.  Most of those will be toll roads and we'll be paying our politicians friends in Spain to drive on them.

The Fort Worth Business Press once said, "Tarrant County may be the eminent domain capital ..." If you live here or own a business here, tread carefully as it could be taken by our politicians friends, such as the gas drillers, the Tarrant Regional Water District (or Trinity River Vision Authority) or even Jerry Jones. Don't forget TXDOT.

Our water supply is dwindling faster than you can frac a well.  Our plan?  Sue Oklahoma, again.  We've already lost several times, but you can't tell a Texan no...no matter how much it costs taxpayers.

And don't get us started on the "news" in Texas.  They've been bought and brought to you by you-know-who...

What's all this costing YOU?  More importantly, what is it going to cost YOUR kids?  Do something.  Anything.  YOUR kids will thank you.

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How much more?

It's only the beginning.

The "City Council Brief" article in the Fort Worth Star-Telegram could have been called "TRV wants more". 

Remember when our new mayor was on the campaign trail, one of the promises was Fort Worth would not spend a dime over the double digit millions (of OUR money) they already promised.  So, WHO will pay the $95 million for new facilities? WHY do we need new facilities?  Because the current ones are in the way of the Trinity River Vision.  WHO owns the land?  The Tarrant Regional Water District.  WHY?  YOU know the answer.  WHO wrote the Brief?  Bill Hanna, WHO else.

Kathleen Hicks says she is "worried" how the city will pay for it.  Isn't she on the TRV board?  And NOW she's worried?

Critics have long said the cost of the Trinity River Vision will be more than the $909 million dollars (of tax payer money) the project "leaders" have claimed.  The project pushers have called the critics "crazy".  Critics have asked the question about the fire and police training academy before.  Not so crazy now, is it? 

The current site was sold to the Tarrant Regional Water District as part of the Trinity River Project for $4.2 million, and the city bought four 250,000-square-foot warehouses at the Federal Depot in south Fort Worth for $6.4 million.

The city has an eight-year lease on the current site but doesn't have a way to pay for a new facility and could exercise options to stay a year or two longer, said Mark Rauscher of the planning and development department. But Rauscher noted that a new shooting range must be in place by the end of 2013. "At this point we have not identified a full funding plan for the police and fire training center," Rauscher said.

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Congrats to TRIP!

Good example of what THE PEOPLE can do when they come together.  Read the message below from the Trinity River Improvement Partnership. 

Dear Friends of the Trinity River,

TRIP is pleased to announce that our documentary video project, Up A Creek, has been selected by the Neo-Relix Film Festival in Glen Rose, Texas. It will be shown as one of the featured programs at 2:00 Saturday, September 3rd, and at 12:00 Sunday September 4th.

Up A Creek is a story about the real dangers of flooding that exist in the Fort Worth area, and seeks to inform citizens about the misplaced priorities of our elected officials and their plans to spend close to one billion dollars of tax money to benefit the development community.

Our presentation begins with a heartbreaking, true story of flooding, tragedy, and a lack of local governmental foresight and accountability. Local critics of the Trinity River Vision Project then pick up the story and cover a wide-ranging series of topics, from eminent domain abuse to TIF financing districts, legislative manipulation, lack of local media scrutiny, where flood control is actually needed. It addresses the role of the Tarrant Regional Water District and where our local and federal tax dollars are going with this project. The video ends with a call to action, urging voters to educate themselves about the project and help TRIP to offer a more realistic alternative.

TRIP... Our Mission: Support public and civic organizations to achieve maximum balance in preserving property rights, the environment, flood control, and historical considerations, while achieving reasonable development and a clean and adequate water supply.

Please join us. Visit us at www.savethetrinityriver.org

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Being Railroaded?

Read the letter concerning the Railroad Commission from former DISH, TX Mayor Tillman.

Worth your tax dollars?

I recently spoke at an event with a representative from the Railroad Commission of Texas (RRC), which regulates and promotes the Oil and Gas Industry in Texas. After dealing with the organization for several years, I have little respect for them as a tax payer funded organization, as do most of the people that have been forced to deal with them. When I was mayor of DISH, I tried for years to get the RRC involved in our situation, and they did nothing. They would not respond to our complaints, and if they did return calls, they certainly would not show up on site. When you call after hours or on weekends, the person who responds will likely not be from your area, because they only have one person on call for the entire state. I bring this up, because the RRC representative stated that they respond to every complaint, and that is simply inaccurate. I am not saying the RRC representative was lying, but he was inaccurate. It is possible that the suits in Austin are quoting some general written procedure that no one follows, or perhaps they really could be lying about the situation.

It is further disappointing that the Texas State Legislator failed to take action to help improve this situation during the 2011 legislative session. Texas has a wonderful idea, and that is the Sunset Advisory Commission, which was created to eliminate waste and inefficiency in government agencies. The Sunset Advisory Commission agreed with me and most of the people who know anything about the RRC. You can read the entire report at: http://www.sunset.state.tx.us/82ndreports/rct/rct_dec.pdf. The RRC is led by three elected commissioners, which are kindly referred to by some as the Moe, Larry, and Curly. The only type of oil and gas experience required for the commissioners is to pay close attention to what the industry lobbyist tell them, and properly accept the envelope of cash slid across the table to them. The Texas Legislature failed to do their job and get rid of this sacred cow.

I suspect the organization has been given a reprieve to the next legislative session to clean up their act. However, it is clear that they are not going to clean up their act, but rather send their PR folks out to tell lies and mislead the public. One thing that shocked is that the RRC employees are paid very well to do very little, and in the case of the employee who was on the speaking panel, he is paid almost $100,000.00 per year. Now remember that the Texas education budget was cut by four billion dollars but the RRC was fully funded.

I am ashamed that our conservative legislature who is sent to Austin to get rid of wasteful spending, are still wasting tax dollars on this organization, but can not invest in our children's future. If the RRC simply went away, the average Texan would not know the difference, and certainly would not miss the organization. For the most part the average Texan does not even realize that the "Railroad Commission" has anything to do with the oil and gas industry, not completely convinced that the "Railroad Commission" is aware that they have anything to do with the oil and gas industry.

Another disturbing fact about this organization is that they have voted on thousands of occasions to take private property that belongs to a taxpayers in Texas and transfer this to a corporation without compensation. In Texas there are spacing rules that prevents an operator from drilling up against an unleased property line; however, the operator can request an exception to that rule and therefore put the drill bore against the property line. When the hydraulic fracturing takes place, the minerals from the unleased property are collected without compensating the mineral owner. This has been accomplished thousands of times in the Barnett Shale. The commissioners will attempt to state that this rule is need to prevent one person from stopping others from benefiting from their minerals. However, that is not how it is being used, but rather the operators no longer negotiate in good faith. They will simply make a low offer and if it is not accepted in a timely manner, they will simply move toward the exception. This was outlined in a recent local article which can be found at: http://www.fwweekly.com/index.php?option=com_content&view=article&id=4950:free-gas-for-drillers&catid=76:metropolis&Itemid=377

Once this trick had been sniffed out, the people in the Barnett Shale began protesting the exceptions, and therefore holding up the drilling process. Therefore, they have proposed to alter the current rule to notify the property owner only after the exception had been approved, which would prevent those annoying people complaining about their minerals being stolen. We have several instances in Texas where the surface owner have been pushed around by these companies, now they are doing it to the mineral owners also. This action completely destroys the theory of a free market system, and also destroys private property rights. The free market system in Texas, is directly related to the amount of money that is donated to a particular campaign, and you can own and peacefully enjoy your property as long as someone with more money does not want it. Not sure that is exactly how the founding fathers of this great nation planned it.

In today's economic climate it is imperative that we cut ineffective organizations. Every tax dollar counts, and we the taxpayers should influence what that money is spent on. So many of these organizations that are paid to protect our health safety and welfare, simply go through the motions and collect a pay check. That is exactly what the state officials want...the masses to think they are being protected, and that is simply not the case. In many of these organizations, the low level boots on the ground want to do the right thing, but are prevented from doing that by a political appointee. However, that is not the case with the RRC; their way of doing business has been going on for so long, that it is ingrained in their culture. Therefore, some ineffective organizations could change with new leadership, but with the RRC, we need to abolish the entire organization.

Those of you in other states, may not have this exact problem, but I would bet that your "regulatory agency", has the same problems that exist here. The organization is there only to give the perception that the state is trying to protect health, safety and private property rights, but are really in existence only to protect the industry. It is time that these organizations fulfill what the taxpayers are paying them to do, or get funded by a source other than taxpayers.

In Texas, the RRC is the entry level political office, for the above stated qualification requirements, however, many of these officials go on to further political careers. One current commissioner has announced a run for US Senate, while a recent former commissioner is running for a US Representative seat. I am betting that they will be rewarded for the thousands of occassions that they allowed the legal theivery of private property by corporations. We simply can not let this cycle continue. It makes no sense for us to spend millions or billions on organizations that simply make no effort to perform their intended functions.

"Those who say it can not be done, should get out of the way of those that are doing it"

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Calling Fort Worth

A local resident had some questions concerning a gas drilling site in Fort Worth, so he emailed the Mayor and Council and many others. 

Watch for the response in the next post. 

August 12, 2011

City of Fort Worth

I wish to file a complaint regarding M&C G-17346 which is the Chesapeake Rutherford 1H proposed well site. The street address is 6699 Boca Raton Boulevard per the City Council Agenda.

This item was on the City Council Agenda for which I filed an on-line speaker card against. I received a phone call advising me it had been withdrawn from consideration. Upon arriving to speak on another item, I spoke with Rick Trice who informed me the reason it was withdrawn was that Chesapeake had all of the necessary waivers.

I informed Mr. Trice there was an apartment in the Woodhaven Self Storage main building that is about 75 feet from the proposed pad site and less than the 300 feet required by Ordinance. I was then told they would have to move as Chesapeake had a waiver or something indicating no one lived there.

I have a copy of what I think he is talking about and it does say there is not a permanent resident. However, there is an on site manager as advertised on their web site who lives there. I unaware of any resident of an apartment who is a permanent resident, they however are a resident. The only permanent residents I am aware are in the Cemetery.

Perhaps Mr. Trice was being facetious about there needing to move, but it would appear to me the City has an obligation to review the matter more and if there is a resident, which there is, the occupied building should have the right to correct any issues. The Storage Company has been in business for a length of time and part of their service is having an on-site manager for their customer’s storage security. The Woodhaven Self Storage is located within the Woodhaven TIF 13 and most TIF areas are not noted for security and safety, this TIF is no exception.

There are numerous reasons why a well site should not be allowed at this location, but I will begin with basic procedure irregularities.

The drilling Ordinance 15-36 D clearly states no application for a gas well permit will be accepted without ALL of the waivers having been obtained.

The last waivers were not obtained until August of 2011 and yet the application was submitted and accepted by the City in early May of 2011, or three months earlier.

15-36D. Permitting Procedures for a Waiver from Protected Use Property Owners.

1. No application for a Gas Well permit within six hundred (600) feet of a Protected Use by Waiver of Protected Uses shall be accepted unless the written notarized waivers are obtained from all Protected Use Property Owners within six hundred (600) feet of the proposed well site. Written notarized waivers granted by the all the Protected Use Property Owners within a six hundred (600) foot radius around the proposed well or boundary of Multiple Well Site must be filed, at the expense of the Operator, in the applicable county records. All waivers must identify the property address, block and lot number subdivision name and plat volume and page number. Copies of filed Protected number. subdivision name and plat volume and page number. Copies of tiled Protected use Property Owner waivers must be submitted with the filing of a completed application for a gas well permit within 600 feet of a protected use.

The next irregularity is that it was recently cleared, graded and removal of large light poles along with installing a chain length fence around the property. This was done before the City issued any gas-drilling permit and at the direction of Chesapeake.

This violates Sec. 15-34(A) Gas Well Permit Required.

A person wanting to engage in and operate in gas production activities shall apply for and obtain a gas well permit under this article and shall indicate what type of gas well permit is requested. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re-working, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a gas well permit issued by the city in accordance with this article. Such activities include, but are not limited to re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing. A permit shall not be required for seismic surveys unless the survey is conducted on city owned property or city rights-of-ways unless such requirement is waived by the city.

The City still appears to be ready to move forward with permitting this well site for Chesapeake despite there being a protected use (residence) approximately 75 feet from the pad site even though the Ordinance requires a minimum of 300 feet from the pad site.

This well is closer than 300 feet from a protected use.

The Woodhaven Storage facility is right next-door with an on-site manager and an apartment on the second floor. I talked to Scott Haskins the General Manager who assured me the apartment is used. That apartment is about 75 feet from the pad site.

The definition of a residence:

Residence means a house, duplex, apartment, townhouse, condominium, city-inspected mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a gas well permit is filed with the gas inspector. Residence shall include assisted living facilities, nursing homes (both intermediate care facilities and skilled nursing facilities), residential board and care facilities, group homes, twenty-four-hour shelters, half-way houses, hotels, motels and jails.

The Woodhaven Self Storage building was obviously designed to provide a living place. The up-stairs has a balcony, a ceiling fan and patio furniture along with an outdoors grill. The living area is required for this facility to provide security and oversight by the on-site manager as advertised. I have driven past this location many times late a night and observed automobiles present and activity on the balcony.

There are many practical reasons why a well should not be at this location.

The location is within the boundaries of the Woodhaven TIF 13.

When the TIF was authorized and approved, the citizens of Fort Worth and Tarrant County were assured there would be a plan put in place to ensure the TIF area would increase property values and create a better place to live.

When you look at where this gas well is proposed, it goes against everything we were promised.

I don’t understand why the Council Person for District 4 isn’t demanding this well site not be allowed. He is on the TIF Board and his duty is to protect the Woodhaven TIF 13.

It is located at one of the few gateways into the Woodhaven TIF. That would be John T. White and 820.

History has shown a gas well only brings down property values and it creates a nuisance along with being a safety hazard to the residents.

There are already more well sites than should be allowed in and around this TIF, but this well site is located literally in the middle of an existing community. On several sides there are hundreds of apartments and on the other side there are neighborhood friendly businesses.

There is a major grocery store, several restaurants and other business the residents frequent often. These are all extremely close to the site.

The well site is out of place.

How do you plan to notify 1000’s of apartment residents within that 600 feet or even 400 feet if there is a major blowout or explosion? You can’t.

There is no safety margin and no time to develop a plan.

If there is a blowout or fire, there is no acceptable safe access to the site for fire and safety crews if the winds are from the Northwest, and which it most likely would be during winter months.

The City also has other obligations.

The City signed an agreement with Tarrant County that states

4.1. Amendment to TIF Ordinance.

All amendments to the TIF Ordinance shall be

approved by the TIF Board prior to approval by the City Council.

Due to the site location, that would be contrary to what was agreed in the contract with the County and they can stop making payments.

Has the TIF board approved anything or even discussed this as the contract stipulates?

Chesapeake doesn’t need this well; they already have a well site less than 1000 feet away and could drill anyplace they could from this one. They can drill over 5000 feet if necessary.

They appear to be grabbing land and destroying surrounding property values.

The City has the authority to say no to this gas well. It is in a TIF and as such the State grants the authority

Sec. 311.008. POWERS OF MUNICIPALITY

OR COUNTY.

(b) A municipality or county may exercise any

power necessary and convenient to carry out this

chapter, including the power to

(3) enter into agreements, including agreements with bondholders, determined by the governing body of the municipality or county to be

necessary or convenient to implement project plans and achieve their purposes, which agreements may include conditions, restrictions, or covenants that run with the land or that by other means regulate or

restrict the use of land;

I have provided several images to review that support my request to looking deeper into the permitting of the Rutherford 1H well site.

They include a copy of the TIF area showing the well site is inside the TIF.

An aerial of surrounding apartments and residential friendly business that creates a community

The location of another well site less than 1000 feet.

There are photographs of the pad site before clearing, grading and site preparation and after. One aerial photo clearly shows light poles on the location.

Woodhaven Self Storage Web page – “on site manager”

There are eating establishments with Food prepared within feet of site.

The well site should not be allowed at this location, it is not needed by Chesapeake Energy and certainly does not belong in a location so close to residents and other business without an adequate ability to fight a fire if one occurred.

Chesapeake Energy cannot say there is not another location for a drill rig since there is already a well site within 1000 feet of the proposed site.

The location of this site is right in the heart of a residential neighborhood and neighborhood friendly businesses area.

Placing a well site in the heart of any residential community will destroy the surrounding area and is contrary to the goal of the Woodhaven TIF 13.

The City has partners in the TIF such as Tarrant County and the school District along with others who were never consulted about allowing a gas well and this violates the partnerships agreed purpose.

Chesapeake Energy and the City of Fort Worth have violated the trust of the Citizens of Fort Worth in misrepresenting the truth or the facts. Numerous Ordinances were not followed as required and when they were pointed out, there was no action taken, except maybe on the little guy, Woodhaven Self Storage.

Due to the long list of discrepancies, irregularities, lack of safety considerations and not meeting the required setbacks of the Fort Worth Gas Drilling Ordinance, I request that no permit be issued to Chesapeake Energy for the Rutherford 1H well site location. I would also request penalties be asses for violations as provided by the city Ordinance. Chesapeake knows the regulations and should be required to obey them.

Sincerely

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