Here is the text of Proposition 105 in the Phoenix special election. This proposition regarding Phoenix light rail is one of two measures on the ballot for the August 27 special election.
PROPOSITION NUMBER 105
CHARTER AMENDMENT – LIGHT RAIL
Descriptive Title
Proposed amendment to the Charter of the City of Phoenix to: (1) terminate all construction, development, extension or expansion of, or improvement to Phoenix light rail authorized by Proposition 104 (2015); (2) prohibit using any funds from any source for the construction, development, extension or expansion of, or improvement to any light rail or other fixed rail line transit system (except PHX Sky Train) constructed on or after August 27, 2018 and to instead use Proposition 104 tax revenues for other transportation infrastructure improvements in the City; (3) redirect the City’s share of existing funding for the South Central Light Rail extension exclusively to other transportation infrastructure improvement projects located in South Phoenix; and (4) appropriate up to $25,000 annually to the Citizens Transportation Committee to solicit public input and recommend City Council action on potential transportation infrastructure improvement projects.
Full Text
See below for the full text of this proposed Charter Amendment.
Question
Shall Chapter XXVIII be added to the Charter of the City of Phoenix to terminate all construction, development, extension or expansion of, or improvement to Phoenix light rail authorized by Proposition 104 (2015); to prohibit using any funds from any source for the construction, development, extension or expansion of, or improvement to any light rail or any other fixed rail line transit system (except PHX Sky Train) constructed on or after August 27, 2018; to instead use Proposition 104 tax revenues for other transportation infrastructure improvements in the City of Phoenix; and as further described above?
YES NO
FULL TEXT OF PROPOSITION NUMBER 105 (A SUMMARY APPEARS ON PAGE 17)
Charter Amendment – Light Rail
Chapter XXVIII of the Charter of the City of Phoenix will be added as follows:
1. DEFINITIONS
(A) “ACT” MEANS THE BUILDING A BETTER PHOENIX ACT.
(B) “CITIZENS TRANSPORTATION COMMITTEE” MEANS THE BODY ORGANIZED TO REVIEW TRANSPORTATION EXPENDITURES PURSUANT TO PROPOSITION 104.
(C) “CITY” MEANS THE CITY OF PHOENIX, ARIZONA, TO INCLUDE ALL DEPARTMENTS, AGENCIES, OFFICES, INSTRUMENTALITIES, AND SUBDIVISIONS OF THE SAME.
(D) “INFRASTRUCTURE IMPROVEMENTS” MEANS ANY AND ALL CONSTRUCTION, DEVELOPMENT, EXTENSION OR EXPANSION OF, OR IMPROVEMENTS OR REPAIRS TO, PUBLIC INFRASTRUCTURE AND PUBLIC TRANSIT MODES OTHER THAN LIGHT RAIL OR OTHER FIXED RAIL LINE TRANSIT, INCLUDING BUT NOT LIMITED TO PUBLIC ROADS, MEDIANS, SIDEWALKS, STREETLIGHTS, AUTONOMOUS TRANSIT, RIDESHARING, BIKE LANES, IMPROVED ADA ACCESSIBILITY, AND ELECTRIC BUS AND OTHER BUS AND DIAL-A-RIDE SERVICES.
(E) “LIGHT RAIL EXTENSIONS” MEANS ANY AND ALL CONSTRUCTION, DEVELOPMENT, EXTENSION OR EXPANSION OF, OR IMPROVEMENT TO, LIGHT RAIL TRANSIT AUTHORIZED BY PROPOSITION 104.
(F) “PROPOSITION 104” MEANS THE BALLOT MEASURE TITLED “AN ORDINANCE TO FUND A COMPREHENSIVE TRANSPORTATION PLAN FOR PHOENIX TO MAINTAIN AND EXPAND THE LIGHT RAIL AND BUS SYSTEMS, IMPROVE CITY STREETS AND ROADWAYS, AND PROVIDE PHOENIX RESIDENTS WITH MORE TRANSPORTATION CHOICES” APPROVED AT THE REGULAR CITYWIDE ELECTION ON AUGUST 25, 2015, TOGETHER WITH ALL AUTHORIZATIONS, APPROPRIATIONS, ORDINANCES, MEASURES, ACTS, FRANCHISES, AND RESOLUTIONS OF THE CITY COUNCIL AND ALL CONTRACTS, AGREEMENTS AND OTHER ADMINISTRATIVE ACTS EXECUTED, APPROVED OR CARRIED OUT BY THE CITY IN CONNECTION WITH OR PURSUANT TO SUCH BALLOT MEASURE.
(G) “SOUTH PHOENIX” MEANS (I) THE GEOGRAPHIC AREA COMPRISING THE SOUTH MOUNTAIN VILLAGE PLANNING AREA UTILIZED BY THE CITY FOR PLANNING PURPOSES AS OF SEPTEMBER 30, 2018, TOGETHER WITH (II) THE GEOGRAPHIC AREA BOUNDED ON THE WEST BY SEVENTH AVENUE, ON THE EAST BY SEVENTH STREET, ON THE NORTH BY JEFFERSON STREET AND ON THE SOUTH BY THE SALT RIVER.
(H) “SOUTH PHOENIX LIGHT RAIL EXTENSION” MEANS ANY LIGHT RAIL EXTENSION ALONG ANY SEGMENT OF CENTRAL AVENUE SOUTH OF WASHINGTON STREET.
2. TERMINATION OF LIGHT RAIL EXTENSIONS AND USES OF SAVED REVENUES
(A) UPON THE EFFECTIVE DATE OF THE ACT, THE CITY SHALL IMMEDIATELY TERMINATE ALL LIGHT RAIL EXTENSIONS AND SHALL NOT AUTHORIZE, APPROPRIATE OR EXPEND ANY FUNDS FROM ANY SOURCE, INCLUDING BUT NOT LIMITED TO REVENUES COLLECTED PURSUANT TO PROPOSITION 104, IN FURTHERANCE OF ANY LIGHT RAIL EXTENSION OR ANY OTHER FIXED RAIL LINE TRANSIT SYSTEM CONSTRUCTED ON OR AFTER AUGUST 27, 2018. FOR PURPOSES OF THIS SUBSECTION, “FIXED RAIL LINE TRANSIT SYSTEM” DOES NOT INCLUDE ANY AUTOMATED PEOPLE MOVER RAIL SYSTEM WITHIN TWO MILES OF SKY HARBOR INTERNATIONAL AIRPORT.
(B) ANY AND ALL REVENUES ASSESSED PURSUANT TO THE TRANSACTION PRIVILEGE TAX AND USE TAX RATE INCREASES PROVIDED BY PROPOSITION 104 THAT (I) HAVE BEEN COLLECTED BUT NOT EXPENDED AS OF THE EFFECTIVE DATE OF THE ACT OR THAT ARE COLLECTED ON OR AFTER THE EFFECTIVE DATE OF THE ACT, AND (II) HAVE BEEN OR WOULD HAVE BEEN AUTHORIZED OR APPROPRIATED FOR LIGHT RAIL EXTENSIONS SHALL BE DISTRIBUTED AS FOLLOWS:
(1) ANY AND ALL REVENUES AUTHORIZED OR APPROPRIATED FOR LIGHT RAIL EXTENSIONS OTHER THAN THE SOUTH PHOENIX LIGHT RAIL EXTENSION, INCLUDING BUT NOT LIMITED TO ALL CAPITAL AND OPERATING FUNDS, SHALL BE APPROPRIATED AND EXPENDED FOR INFRASTRUCTURE IMPROVEMENTS IN THE CITY AND MAY BE USED FOR NO OTHER PURPOSE. TO ADVANCE TRANSPARENCY, COMMUNITY INVOLVEMENT AND GOVERNMENT ACCOUNTABILITY, THE CITIZENS TRANSPORTATION COMMITTEE SHALL SOLICIT PUBLIC INPUT AND FORMULATE RECOMMENDATIONS TO THE CITY COUNCIL WITH RESPECT TO THE NATURE, TIMING, MANNER, AND GEOGRAPHIC LOCATION OF INFRASTRUCTURE IMPROVEMENTS MADE PURSUANT TO THIS CHAPTER.
(2) ANY AND ALL REVENUES AUTHORIZED OR APPROPRIATED FOR THE SOUTH PHOENIX LIGHT RAIL EXTENSION, INCLUDING BUT NOT LIMITED TO ALL CAPITAL AND OPERATING FUNDS, SHALL BE APPROPRIATED AND EXPENDED FOR INFRASTRUCTURE IMPROVEMENTS WITHIN THE JURISDICTIONAL BOUNDARIES OF SOUTH PHOENIX, INCLUDING BUT NOT LIMITED TO INFRASTRUCTURE IMPROVEMENTS ALONG ANY SEGMENT OF CENTRAL AVENUE LOCATED WITHIN SOUTH PHOENIX, AND MAY BE USED FOR NO OTHER PURPOSE. TO ADVANCE TRANSPARENCY, COMMUNITY INVOLVEMENT, AND GOVERNMENT ACCOUNTABILITY, THE CITIZENS TRANSPORTATION COMMITTEE SHALL SOLICIT PUBLIC INPUT AND FORMULATE RECOMMENDATIONS TO THE CITY COUNCIL WITH RESPECT TO THE NATURE, TIMING, MANNER, AND GEOGRAPHIC LOCATION OF INFRASTRUCTURE IMPROVEMENTS IN SOUTH PHOENIX MADE PURSUANT TO THIS CHAPTER.
(C) THE MONIES APPROPRIATED PURSUANT TO THIS SECTION SHALL SUPPLEMENT, AND NOT SUPPLANT, MONIES AUTHORIZED OR APPROPRIATED FROM ANY OTHER SOURCE, INCLUDING BUT NOT LIMITED TO THE CITY GENERAL FUND, FOR INFRASTRUCTURE IMPROVEMENTS. ANY UNEXPENDED BALANCE OF MONIES AT THE END OF THE FISCAL YEAR SHALL NOT REVERT TO THE CITY GENERAL FUND BUT SHALL BE CARRIED FORWARD FOR THE USES AND PURPOSES PROVIDED IN THIS SECTION.
(D) THIS SECTION SHALL NOT BE CONSTRUED AS CREATING ANY RIGHT OR ENTITLEMENT BY ANY PERSON TO RECEIVE, OR ANY OBLIGATION OF THE CITY TO APPROPRIATE OR EXPEND, ANY FUNDS OTHER THAN REVENUES ACTUALLY COLLECTED BY THE CITY PURSUANT TO THE TRANSACTION PRIVILEGE TAX AND USE TAX RATE INCREASES PROVIDED BY PROPOSITION 104; PROVIDED, HOWEVER, THAT ALL APPROPRIATIONS PURSUANT TO THIS SECTION SHALL SUPPLEMENT, AND NOT SUPPLANT, MONIES APPROPRIATED FROM ANY OTHER SOURCE, INCLUDING BUT NOT LIMITED TO THE CITY GENERAL FUND, FOR INFRASTRUCTURE IMPROVEMENTS.
(E) SUBJECT TO ALL OTHER PROVISIONS OF THIS CHAPTER, THE CITY SHALL USE ITS BEST EFFORTS TO PURSUE, SUPPORT AND EFFECTUATE ANY AND ALL ACTS AND RESOLUTIONS BY MARICOPA COUNTY OR THE MARICOPA COUNTY ASSOCIATION OF GOVERNMENTS TO ENSURE THAT FUNDING RECEIVED BY THE CITY FROM MARICOPA COUNTY OR THE MARICOPA COUNTY ASSOCIATION OF GOVERNMENTS FOR INFRASTRUCTURE IMPROVEMENTS IS PRESERVED, MAINTAINED OR INCREASED.
3. CITIZENS TRANSPORTATION COMMITTEE
(A) THE CITIZENS TRANSPORTATION COMMITTEE SHALL BE CONSTITUTED AND ORGANIZED AS PROVIDED IN SECTION 2-510 OF THE CITY CODE, AS AMENDED BY ORDINANCE NO. G6051.
(B) IN ADDITION TO THE POWERS AND DUTIES PROVIDED IN SECTION 2-511 OF THE CITY CODE, AS AMENDED BY ORDINANCE NO. G-6051, THE CITIZENS TRANSPORTATION COMMITTEE SHALL SOLICIT AND CONSIDER PUBLIC INPUT AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL WITH RESPECT TO THE PURPOSES AND USES FOR WHICH FUNDS APPROPRIATED PURSUANT TO SECTION 2 OF THIS CHAPTER XXVIII SHALL BE EXPENDED, INCLUDING BUT NOT LIMITED TO THE NATURE, TIMING, MANNER, AND GEOGRAPHIC LOCATION OF INFRASTRUCTURE IMPROVEMENTS.
(C) TO IMPROVE COMMUNITY INVOLVEMENT AND TRANSPARENCY, THE CITIZENS TRANSPORTATION COMMITTEE SHALL RECEIVE AN ANNUAL BUDGET NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS TO SOLICIT COMMUNITY INPUT ON PROPOSED INFRASTRUCTURE IMPROVEMENTS, WHICH MAY INCLUDE BUT IS NOT LIMITED TO PUBLIC FORUMS, SURVEYS, MAILERS AND EMAIL. THE CITIZENS TRANSPORTATION COMMITTEE SHALL HAVE NO AUTHORITY TO APPROPRIATE OR EXPEND ANY FUNDS OTHER THAN THE FUNDS APPROPRIATED TO IT PURSUANT TO THIS SUBSECTION BUT MAY REVIEW AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL WITH RESPECT TO EXPENDITURES MADE PURSUANT TO PROPOSITION 104 AND THIS CHAPTER.
(D) MEETINGS OF THE CITIZENS TRANSPORTATION COMMITTEE SHALL BE OPEN TO THE PUBLIC, AND THE MINUTES OF ITS PROCEEDINGS SHALL BE KEPT AND FILED IN THE OFFICE OF THE CITY CLERK AS A PUBLIC RECORD
SUMMARY
This proposition, if adopted, would amend the City Charter to require the termination of all construction, development, extension or expansion of, or improvement to, Phoenix light rail previously approved by voters in 2015 under Proposition 104. In addition, the proposition would prohibit using any funds from any source for the construction, development, extension or expansion of, or improvement to any light rail or other fixed rail line transit system (except PHX Sky Train) constructed on or after August 27, 2018 and instead use Proposition 104 tax revenues for other transportation infrastructure improvements in the City. The proposition also mandates that the City redirect its share of existing funding for the South Central Light Rail extension exclusively to other transportation infrastructure improvement projects located in South Phoenix. And, the proposition, if adopted, would authorize an appropriation up to $25,000 annually to the Citizens Transportation Committee to solicit public input and make recommendations to the City Council regarding potential transportation infrastructure improvement projects.
