Mecklenburg could follow Cornelius on toll lane delay request

Mecklenburg County commissioners could follow the lead of the Cornelius Town Board and pass a resolution that would ask the state for a 90-day delay in signing a final contract to build toll lanes on Interstate 77.

Commissioner Jim Puckett, a Republican, asked his colleagues to consider a resolution similar to the one passed by Cornelius Monday. He said the issue will be discussed May 19.

Puckett, who represents north Mecklenburg, is concerned about a noncompete clause in the N.C. Department’s contract with I-77 Mobility Partners, the toll lane developer.

The clause says that if the DOT adds new free lanes to I-77 after the toll lanes are finished, it would likely have to pay compensation to the company for lost toll business. The contract was changed to add new language that specifically said a planned widening of I-77 between Exits 28 and 36 was off limits.

The noncompete clause is in effect for the life of the contract, which is 50 years.

Some local transportation officials were aware that there was a noncompete clause, but they hadn’t been told that the planned Lake Norman-area widening had been singled out in the contract.

The Cornelius resolution said that the contract change “effectively prevents I-77 from being widened with general purpose lanes,” and says “neither town staff nor the town board were aware of this change.”

The DOT said Tuesday it still plans to move forward with the project. It is scheduled to have a financial close with the developer on May 27.

This story was originally published May 7, 2015 at 4:47 PM with the headline "Mecklenburg could follow Cornelius on toll lane delay request."