By ANNIE GOELLER, Daily Journal of Johnson County staff writer
Wording in a 2006 contract between the state and a private company is fueling fears about the future of road projects in Johnson County.
Two local attorneys say improvements to State Roads 252 and 44 and building an east-west corridor through the county could cost taxpayers extra money if the governor's proposed toll road is built through six central Indiana counties.
Residents and landowners have said it could mean local roads might not be improved or built at all.
State officials disagree, saying the worries are premature and unfounded.
The debate is centered on a non-compete clause, a phrase that came up at two meetings in Franklin over the past month.
A similar clause was included in the lease of the Indiana Toll Road and will be part of a future contract between the state and a private company for the proposed Indiana Commerce Connector, said Franklin attorney Rob Schafstall and Greenwood attorney Phil Wilson.
Here's what the northern Indiana toll road lease says: An improved road or new highway is a competing highway if it is within 10 miles of the toll road, four lanes or more and has interstate-quality bridges and interchanges.
Just because a road is considered a competing highway doesn't mean it can't be built or improved, said Gary Abell, spokesman for the Indiana Department of Transportation.
The state would have to reimburse the private company that leases the tollway for any money lost in tolls because of the new or improved road, he said. If the state is responsible for reimbursing the company, that bill will eventually fall on taxpayers, Schafstall said.
And if the county builds an east-west corridor or performs upgrades to a road that meet the levels outlined in the contract, it will cost taxpayers more, Schafstall said."This has the potential to make local improvements to our existing roads more expensive," he said.
The state would not agree to a contract that would prevent it from upgrading local and state roads. And, the concerns are premature because no one knows yet if similar wording would be included in a lease of the proposed Indiana Commerce Connector, Abell said.
"It's pretty clear folks haven't read (the contract), and if they have, it's pretty clear they don't know what it means," he said.
If the clause were included in a lease for the central Indiana toll road, it would not affect improvements to State Roads 9, 44 or 252 for two reasons, Abell said.
The state doesn't have the money to upgrade those routes to interstate quality; and both the state and the private company want local roads, especially ones that connect with the beltway, to be in good shape, Abell said.
"It's not in the interest of the state that the local road system would not be strong and not be able to handle the traffic," he said.
As for building a new interstate within 10 miles of the toll road, that's not a possibility either, he said.
"We all know how expensive roads are. If we've got a road that's constructed and not costing taxpayers money, why would we build another one next to it?" he asked.
Schafstall believes it's too early for state officials to be able to say that a future tollway won't affect local roads.
"We can't know what that's going to mean for (State Roads) 44, 252 or 9. Those are questions no one's been able to answer," he said.
Wilson said the state's answer is fine for now, but the Indiana Toll Road lease lasts 75 years. He wonders what Johnson County will look like over the next 25, 50 or 75 years and what transportation needs the area will have.
One example is the east-west corridor the county has been discussing for years.
"We don't have the money now, but we will sometime in the next 50 years," he said.
If the corridor were within 10 miles of the beltway, it could be considered a competing highway, he said.
Abell said the discussions are all premature, especially since a contract likely won't be drafted or even discussed for years and a similar clause might not go into the Indiana Commerce Connector lease.
"This is a very different project from the (northern Indiana) toll road. The language of the contract is way down the road," he said.
Any company that didn't include the clause would not be practicing smart business, Wilson said.
He compared it to someone buying a manufacturing company in Franklin.
"What businessman would pay millions of dollars without assurance that the owner is not going to go across the street and open another one?" he asked.