Doing the Tango with Companies like 407 ETR

Tango is a ballroom dance that originated in Latin-America, known to be a dance of passion with a range of emotions. When you mention Highway 407 and the foreign company that operates it, Ferrovial or 407 ETR, a range of emotions and passions are evoked.

Ontario is not alone. Ferrovial has inflamed passions all over the world. They have been traversing the world, using many subsidiaries, like snake oil salesmen, selling governing authorities on a traffic management scheme that claims to reduce traffic on the roadways they operate, but does NOTHING to reduce overall traffic congestion to a region. They baffle our leaders with winsome words and convince them that this is a green initiative that will contribute to a new economy. They push this business model as a solution to traffic congestion because our political leaders hope people will eventually ditch their cars. There is enough anecdotal evidence to suggest that the wool has been pulled over the eyes of our world’s leaders. This company’s main goal is to make sure there is ever increasing EBITA to please shareholders NOT to make sure there is less congestion. They need congestion to be viable! The dream of a carless world is just that. A dream!

Javier Tamargo started his career off as a Project Manager for Cintra. Cintra, is one of Ferrovial’s subsidiaries. He quickly rose through the ranks to be one of Ferrovial’s main “salesmen” for this traffic management scheme. After working in Cintra’s Highway Management for about 7 years, they sent him to Texas where he became COO for NTE Mobility Partners LLC.

This new traffic management scheme has met with strong opposition from the citizenry in Texas. Their biggest issue was over “eminent domain”. The Trans Texas Corridor is one of the largest, forcible, eminent domain projects in the history of the United States. It just galled the citizens that it was all for this foreign company to have control over and profit. Terri Hall and her organization, TURF (Texans Uniting for Reform & Freedom) waged a battle on behalf of citizens and ultimately was told, you can’t sue the government. I encourage everyone to watch that battle on YouTube. The documentary is called “Truth be Tolled” and it’s in 12 parts. Here’s the first part

Javier Tamargo was then sent here, to Canada, to ensure Highway 407’s extension project would go without a hitch. It did because Canadians don’t like to make waves. We just let our politicians lead and believe them when they tell us it is a done deal and allow ourselves to be “steam rolled”.

Now Cintra has  Javier Tamargo in North Carolina where again this traffic management scheme is inflaming passions from the citizenry. Javier’s dance steps are getting tired because the citizenry have new techniques unfamiliar to him. He is stumbling as CEO of I-77 Mobility Partners. The citizenry there are just like the Texans in that they aren’t going to let this company take over their infrastructure without a fight! Between Kurt Naas, founder of Widen i77, and Diane “Dee” Gilroy, a UNC-Charlotte Spanish professor, wife of Cornelius Town Commissioner Dave Gilroy, Javier Tamargo’s Tango needs improvement.

In recent statements, Javier Tamargo has threatened these citizens if they did not retract statements that questioned the company’s ethics due to projects that went bankrupt and other shady dealings. Kurt Naas’ response has been that the information he provided was public, contained in credit ratings agency reports, the Comprehensive Agreement and Mr. Tamargo’s public statements. Javier Tamargo in his rebuttal said, “A default by the developer under the financing documents does not per se lead to the occurrence of a developer default or a termination of the comprehensive agreement (or any related payment thereunder), but rather will only result in Developer default (and potential termination of the Comprehensive Agreement) if it results in a bankruptcy of the Developer, in which case no termination is required from NCDOT under the Comprehensive Agreement.” Huh? Yeah I don’t get it either.

Kurt Naas’ “¿Bailás?” (invitation to dance) has been in the form of an offer to publically debate their differences. So far Javier Tamargo has not agreed.

Diane Gilroy’s “Boleo” (where the leader changes direction in a Tango) is that she will not back down! She insists that affiliates of I-77 Mobility Partners failed to disclose fully all past legal problems as part of the bid process. She based her claims on reports from Spanish news organizations.

Spanish news organizations have been reporting on at least six controversies the company failed to disclose involving its parent companies, Cintra and Ferrovial, or their affiliates. There were a number of convictions, lawsuits, investigations, etc., against Ferrovial Agroman and the parent company Ferrovial S.A. and these incidents were never disclosed to the public and elected officials before the contract with Mobility Partners was signed. Side note, I am sure that applies to the deals made here in Canada as well.

So what’s Javier Tamargo’s “Gancho” (hook)? North Carolina’s governing authorities support this traffic management scheme. But how can they support something so ludicrous that will ultimately affect the citizenry’s quality of life?

Recently Javier Tamargo has been quoted as saying that the company’s Indiana Toll Road bankruptcy has proved the resounding success of the public-private partnership model. What? The citizens in Indiana are about to pay twice for a highway and the company calls it a resounding success of the public private partnership model? A success for whom? NOT the people our governing authorities are supposed to serve. The only success is for the company’s business model and profits. Somehow the company’s success is more important to our elected officials than their citizens’ quality of life. How did our governing authorities get so side tracked?

Now here in Canada, the Toronto Sun reports that our Provincial Government has hidden all the details on their plans to implement HOT Lanes from before the election. Why? Because it’s contentious. Since when did an issue that was contentious warrant that there be no transparency?

I will let you make your own conclusions to answer those questions, but the main theme I see from these new traffic management projects all over the world is this false assumption that a corporate entity, a for profit entity somehow is better at being in charge of our infrastructure than who the people elect to office, to protect their quality of life. What is financially viable to the company takes precedent over the citizenry’s quality of life and congestion relief no longer matters. How much longer will we allow this “Sacada” (a move into our space to displace us)? It’s time for our leaders to take the lead in this Tango.

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12 Responses to “Doing the Tango with Companies like 407 ETR”

  1. TJ says:

    Clearly our leaders operate at the same pace as the Supreme court when it comes to this issue.

    After all these years we are no further ahead despite all the huffing and puffing.
    Our own courts have let us down in this province.

    We will all be to old to drive by the time this problem is corrected….if ever.

    • Tammy Flores says:

      I am starting to think that it is this way by design. It’s a great way of discouraging people from challenging anything. Not to worry, I hope to live a long time 🙂

  2. TJ says:

    So will the shady judges and politicians!

  3. TJ says:

    Where…..what is the case number.
    I have seen nothing about it on Can Law?

    • Tammy Flores says:

      It isn’t there yet. I am waiting on the paperwork myself. But they did appeal. I will keep you informed.

      • Tj says:

        Where did you hear 407 recieved leave to appeal.
        There would have to be a record of it…and there is not.

        • Tammy Flores says:

          Didn’t hear they received leave only that they put the application forward. My hope is that it is heard, but I am waiting for Torkin Manes to confirm. They said the company appealed.

          • TJ says:

            I find it very difficult to understand what they would be appealing. The stupid ruling was in their favor as it leaves an opened ended SOL since it does not start until plate denial. There is no specific time when they must put you in denial Therefore they have in theory up to 15 years .

            Even the 15 years is governed by discovery doctrine.

            It is ludicrous for them to claim they did not know money was owed past say 2 mths from invoice.

            Judge Edwards decided that it was not appropriate to launch a suit for every invoice. WHY NOT that is their business model…deal with it.

            It has long been established that there is no longer a Doctrine of Special Circumstances when it comes to the new SOL.
            What the judge did is made a special circumstance.

            It should be Day’s lawyer appealing not 407.

            It was also my understanding they had 30 days to appeal….this was last November.

          • Tammy Flores says:

            What the issue is, is the company’s argument over viability. They argue basically that it costs too much money to go after people until it’s worth it. So I 100% agree with what you are saying. Yes that is the point. It is “THEIR” business model. NO JUDGE should EVER give this company any special circumstance. They don’t deserve it.

            They are appealing because they are hoping that Day can’t afford to fight and then it gets thrown out. They are going to try and ding him one way or another. It’s all their game strategy. We need to start raising money for a legal fund to fight these SOB’s.

  4. TJ says:

    Even if that is true…they can not win.
    What hopefully will happen is the judges will strike down Edwards stupid ruling at put the SOL back to how it is suppose to be…not some willy nilly ruling to make this private company above the law.

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