Proposed by referendum petition to be voted on at the General Election, November 5, 1996.
RESULT OF "YES" VOTE: "Yes" vote authorizes lottery bonds for Portland region light rail, transportation projects outside Portland region.
RESULT OF "NO" VOTE: "No" vote rejects lottery bonds for Portland region light rail, transportation projects outside Portland region.
SUMMARY: Permits state to issue lottery revenue bonds to fund the following, plus costs and reserves: (1) $375 million of state's share of cost to build Portland region "South North light rail"; and (2) $115 million of separate $375 million "Transportation Equity Account," payable to cities and counties for transportation projects outside Portland region. $260 million of Transportation Equity Account funded by general fund and other sources. Unobligated net lottery proceeds repay bonds. Bonds cannot be sold unless federal light rail matching funds available. Other provisions.
ESTIMATE OF FINANCIAL IMPACT: The measure provides $750 million funding for transportation projects throughout Oregon. The measure authorizes the sale of Lottery-backed revenue bonds with a principal sum of up to $490 million, plus bond issuance costs and reserves. Up to $375 million of the bonds will be used to finance the State's commitment toward construction of the South North Light Rail Line. Total Tri-Met expenditures from all sources, including federal funds, for the South North light rail project would be up to $1.5 billion. $115 million of the bonds will be used to finance city and county transportation projects outside the Portland metropolitan region. The bonds, plus interest, will be repaid through a Lottery revenue allocation of $21.8 million per year beginning in 1999, and increasing to $33.8 million per year beginning with the year in which the South North Lottery-backed revenue bonds are sold. If issued at current interest rates, for each $100 million in 20-year Lottery-backed revenue bonds total interest costs are estimated at $64.4 million. In addition, state General Fund revenues of $110 million will be available over a ten year period for city and county transportation projects outside the Portland metropolitan region. Local governments in the Portland metropolitan region will provide $150 million from various sources, including federal transportation funds, for cities and counties outside the Portland metropolitan region to spend on transportation projects over a ten year period.
A BILL FOR AN ACT
Relating to the funding of transportation projects; creating new provisions; repealing ORS 197.587, 391.160, 391.165, 391.170, 391.175, 391.180, 391.185, 391.190, 391.195, 391.200, 391.205, 391.210, 391.215, 391.220, 391.225, 391.230 and 391.235 and sections 10, 16, 16a, 16c, 17, 18, 31a and 31b, chapter 3, Oregon Laws 1995 (special session); appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The Legislative Assembly finds that:
(a) The development, acquisition and construction of light rail systems and their attendant rights of way, equipment and facilities in the urban and metropolitan areas of the State of Oregon do and will accomplish the purpose of creating jobs and furthering economic development in Oregon by, among other advantages:
(A) Providing an important element of the public infrastructure that provides the basic framework for continuing and expanding economic activity in this state;
(B) Increasing the economy and efficiency of public transportation, improving the attractiveness of urban and metropolitan areas to new businesses and supporting the operations and prosperity of existing businesses in those areas by making those businesses more accessible to their customers and employees;
(C) Alleviating the inefficiencies of congestion and crowding associated with, and reducing the burdens of expansion and maintenance of, existing public transportation systems and facilities, as well as reducing energy consumption and air pollution fostered by the use of motor vehicles;
(D) Creating employment opportunities in urban and metropolitan areas through the funding of projects for the development and construction of the light rail systems; and
(E) Generating significant new state and local income tax revenues through jobs and other economic development created by construction and operation of the South North Line light rail project.
(b) Additionally, the provision of state and local moneys for the proposed South North Line light rail project will encourage the contribution of otherwise unavailable federal matching grant moneys, the use of which will, for the reasons stated in paragraph (a) of this subsection, forward the purpose of creating jobs and furthering economic development in Oregon.
(c) Based on the legislative findings described in this section, the use of net proceeds from the operation of the state lottery for the support of the South North Line light rail project is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution and ORS 461.510.
(d) Payment of this state's share of the cost of expanding the regional light rail system constitutes this state's primary commitment to the funding from lottery revenues of economic development projects in Clackamas, Multnomah and Washington Counties with state lottery funds.
(e) The development of light rail projects in Clackamas, Multnomah and Washington Counties will reduce the need in those counties for construction of new highways funded with state highway funds.
(f) It is the intent and policy of the Legislative Assembly to ensure the funding and support of the South North Line light rail project in the manner provided in sections 1 to 25 of this Act, to the extent required for the state to realize the benefit of all federal matching funds made available for that project, and to the extent necessary to complete the project.
(g) At the May 16, 1995, Special Election, the voters of the State of Oregon approved Measure No. 21, an amendment to section 4, Article XV, Oregon Constitution, which requires the appropriation of sufficient amounts from the net proceeds of the State Lottery to pay lottery bonds before net proceeds of the State Lottery may be appropriated for any other purpose.
(h) In the autumn of 1995, the Congress of the United States commenced its legislative process for authorizing various mass transit projects throughout the nation, including the South North Line. In order to be in a position to obtain the needed commitment of federal matching funds for the South North Line, it is necessary for this state to provide, prior to the completion of such federal legislative process, for the commitment of the state lottery funds needed for this state's share of the costs of the South North Line and to make provision for the prompt final judicial resolution of all constitutional challenges to sections 1 to 25 of this Act.
(2) The Legislative Assembly declares that the purpose of sections 1 to 25 of this Act is to establish a state revenue bond program to provide the state's share of the cost of the South North Line. The bonds authorized by sections 1 to 25 of this Act shall be revenue bonds only, and the obligation of the state with respect to the bonds, including any interim financing obligations, and with respect to any grant agreement or pledge authorized by sections 1 to 25 of this Act shall at all times be restricted to the availability of unobligated net lottery proceeds, any appropriated funds and any other moneys lawfully credited to the South North Construction Fund and the Light Rail Bond Fund. Neither the faith and credit of the state, nor any of its taxing power, shall be pledged or committed to the payment of bonds, including any interim financing obligations, or any grant agreement, pledge or other commitment or covenant of the state authorized by sections 1 to 25 of this Act.
SECTION 2. As used in sections 1 to 25 of this Act, unless the context requires otherwise:
(1) "Appropriated funds" for a particular fiscal year means the funds specifically appropriated or otherwise specifically made available by the Legislative Assembly or the Emergency Board, as the case may be, acting in its sole discretion, in the fiscal year to replenish reserves established as additional security for light rail lottery bonds pursuant to the authority granted in section 7 of this Act.
(2) "Dedicated lottery revenues" for a particular fiscal year means an amount of unobligated net lottery proceeds equal to $31.8 million until South North lottery bonds are sold and $43.8 million thereafter minus the amount of lottery revenues that are required under ORS 391.125 (1) to be transferred in that fiscal year to the Regional Light Rail Extension Bond Account for the purpose of paying when due the principal of and interest on the Westside lottery bonds.
(3) "Department" means the Department of Transportation.
(4) "Director" means the Director of Transportation of the State of Oregon.
(5) "Financing obligations" means any bonds, notes, commercial paper or other obligations for money borrowed issued by or on behalf of Tri-Met for the purpose of financing any of the costs of designing, acquiring, constructing and equipping the South North Line, including the obligations of Tri-Met under any municipal bond insurance policy, letter of credit, line of credit, surety bond or other credit enhancement or liquidity device given to secure or provide liquidity for any such bonds, notes, commercial paper or other obligations.
(6) "Grant agreement" means any agreement entered into by the director and Tri-Met pursuant to section 3 (2) of this Act.
(7) "Light Rail Bond Fund" means the account created pursuant to section 5 of this Act.
(8) "Light rail lottery bonds" means:
(a) Any refunding lottery bonds;
(b) All South North lottery bonds; and
(c) Any bonds issued to refund any of the bonds described in paragraph (a) or (b) of this subsection.
(9) "Metro" means the metropolitan service district created under ORS chapter 268 and exercising home rule charter powers.
(10) "Refunding lottery bonds" means any bonds issued for the purpose of refunding any Westside lottery bonds.
(11) "South North Line" means the line extending Tri-Met's regional light rail system between the vicinity of the intersection of SE Sunnyside Road and I-205 in Clackamas County, Oregon, to Clark County, Washington, including each phase and each segment thereof and all portions thereof located within and without the State of Oregon, as set forth in the Regional Transportation Plan adopted by Metro as such plan may be amended from time to time.
(12) "South North lottery bonds" means the bonds authorized to be issued under section 7 (1) of this Act for the purposes of funding essential transportation projects through the Transportation Equity Account established under section 12 of this Act and of funding the state's share of the cost of the South North Line. The term includes any interim financing obligations issued to provide interim financing for this state's share of the costs of the South North Line pending the issuance of long-term South North lottery bonds.
(13) "Tri-Met" means the Tri-County Metropolitan Transportation District of Oregon, a mass transit district created under ORS chapter 267.
(14) "Unobligated net lottery proceeds" means all revenues derived from the operation of the state lottery except for:
(a) The revenues used for the payment of prizes and the expenses of the state lottery as provided in section 4 (4)(e), Article XV of the Oregon Constitution, ORS 461.500 (2) and 461.510 (3) and (4);
(b) The revenues required to be applied, distributed or allocated as provided in ORS 461.543; and
(c) The revenues allocated to the Regional Light Rail Extension Construction Fund pursuant to ORS 391.140 that are required under ORS 391.125 (1) to be transferred to the Regional Light Rail Extension Bond Account for the purpose of paying when due the principal of and interest on the Westside lottery bonds.
(15) "Westside lottery bonds" means the bonds issued by the state pursuant to the authority granted in ORS 391.140, but not including any refunding lottery bonds.
(16) "Portland metropolitan region" means the area within the urban growth boundary established by Metro as that boundary existed on July 1, 1995.
SECTION 3. (1) The South North Construction Fund, separate and distinct from the General Fund, is established in the State Treasury. The following funds are appropriated continuously to the Department of Transportation, and may be expended by the department for the purposes of paying the costs of the preliminary engineering, final design, advanced right of way acquisition or construction and acquisition of equipment and facilities of the South North Line:
(a) All moneys on deposit from time to time in the South North Construction Fund, including investment earnings thereon; and
(b) All dedicated lottery revenues in a particular fiscal year that are not required to be deposited into the Light Rail Bond Fund pursuant to section 5 (1) of this Act for the purpose of paying the principal of and interest on the light rail lottery bonds coming due in such fiscal year, including any such dedicated lottery revenues that are required to be, but have not yet been, transferred to the South North Construction Fund. Moneys in the South North Construction Fund may be expended for South North Line purposes by application of such moneys to pay amounts committed to be paid under all grant agreements entered into between the Director of Transportation and Tri-Met pursuant to this section and the expenses of the department in administering the South North Construction Fund and the Light Rail Bond Fund. If required to pay principal of or interest on light rail lottery bonds as those obligations become due and payable, moneys in the South North Construction Fund may be transferred to the Light Rail Bond Fund for the purpose of making such payments. Interest and earnings received on moneys credited to the South North Construction Fund shall accrue to and become part of the South North Construction Fund. Interest and earnings received on moneys credited to the Light Rail Bond Fund shall accrue to and become part of the Light Rail Bond Fund.
(2) The director may enter into grant agreements with Tri-Met that commit the department to pay anticipated funds from the South North Construction Fund to Tri-Met for the purpose of financing the costs of the first construction segment of the South North Line, including servicing any financing obligations, which grant agreements may, subject to the provisions of this section, provide for the remittance of such funds on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the grant agreements. The total amount committed under such grant agreements shall be limited to the amount of $375 million that may be made available to pay the costs of the first construction segment of the South North Line exclusive of the department's administrative expenses. Notwithstanding any other provision of law to the contrary, such grant agreements may provide for the remittance to Tri-Met of funds from the South North Construction Fund at the earliest possible dates upon which such funds are available to the department and are needed by Tri-Met to pay the costs of the South North Line, all without regard to any specified percentage of the state's share of the total South North Line project costs or the proportion of funds theretofore advanced, or to be then advanced, from the South North Construction Fund in relation to the funds advanced from other federal, state or local sources to pay South North Line project costs. Any such grant agreements, when executed by the director and accepted by Tri-Met, shall be solely conditioned upon actual funds available in the South North Construction Fund and shall be valid, binding and irrevocable in accordance with its terms, subject only to the availability of funds in the South North Construction Fund. Tri-Met may pledge its right to receive moneys under any grant agreement as security for any financing obligations issued to finance any of the costs of designing, acquiring, constructing and equipping the South North Line, which pledge shall be valid and binding upon Tri-Met, the department and all other persons from the date made, the rights so pledged shall be immediately subject to the lien of such pledge without physical delivery, filing or other act, and the lien of such pledge shall be superior to all other claims and liens of any kind whatsoever. Upon notice from Tri-Met that it has so pledged its right to receive moneys under any grant agreement, the department shall fully cooperate with Tri-Met and the pledgee to give effect to such pledge, including but not limited to acknowledging in writing to Tri-Met and the pledgee the existence and validity of such pledge and agreeing to the payment of any moneys due under the terms of the subject grant agreement into such custodian account or accounts as shall be specified under the terms of such pledge.
(3) Notwithstanding any grant agreement entered into by the director under subsection (2) of this section, no moneys shall be expended from the South North Construction Fund for the preliminary engineering, final design, advanced right of way acquisition or construction and acquisition of any segment of the South North Line unless the director determines:
(a) That all state and local approvals are in place for the segment of the South North Line for which funding is being sought;
(b) That assurances are in place for obtaining all moneys, other than moneys for which the determination is being made, necessary to enable completion of the segment of the South North Line for which funding is being sought and that Tri-Met has agreed to provide an amount of money at least equal to that being provided by the South North Construction Fund to pay the costs of the segment of the South North Line for which funding is being sought;
(c) With respect to the segment of the South North Line for which funding is being sought, that the body of local officials and state agency representatives designated by Metro and known as the Joint Policy Advisory Committee on Transportation has certified that the segment of the South North Line is a regional priority; and
(d) With respect to construction of any segment of the South North Line, the elements of the project that are designated for state participation and an estimated total amount of the state's funding obligation.
(4) When the actual expenditures for a segment of the South North Line fall short of the estimated expenditures for such segment, those moneys that are not required for that segment of the project shall remain in the South North Construction Fund for use in completing other segments of the South North Line.
(5) On or before August 31 in each year, the director shall certify to the Governor and the State Treasurer whether or not there existed, as of the end of the immediately preceding fiscal year, an unobligated balance of dedicated lottery revenues in the South North Construction Fund. If the director certifies that there existed such an unobligated balance of dedicated lottery revenues, an amount equal to the unobligated balance of such dedicated lottery revenues as of the end of the immediately preceding fiscal year shall revert to the Administrative Services Economic Development Fund created by ORS 461.540, and the State Treasurer shall credit such amount to that fund on or before the September 15 next following the date of the certification by the director.
(6) The director shall certify the unobligated balance of dedicated lottery revenues in the South North Construction Fund, and that unobligated balance of dedicated lottery revenues shall revert to the Administrative Services Economic Development Fund if the director determines that the South North Line has been completed and such project has been accepted by the department, and all claims, suits and actions arising out of such project that could create a liability payable out of the moneys in the South North Construction Fund have been resolved.
(7) For purposes of subsections (5) and (6) of this section, dedicated lottery revenues in the South North Construction Fund shall be obligated to the extent such moneys are needed to fund the amounts committed to be paid in the current or any future fiscal year under any grant agreement entered into by the director under subsection (2) of this section, to pay debt service on any light rail lottery bonds or to pay the expenses of the department in administering the South North Construction Fund and the Light Rail Bond Fund.
(8) The department may deduct from the South North Construction Fund the costs associated with administering the South North Construction Fund and the Light Rail Bond Fund.
SECTION 4. Notwithstanding any other provision of law, nothing shall prevent the Legislative Assembly from subsequently dedicating other moneys to be deposited in the South North Construction Fund to be used to pay for the costs of the South North Line, including but not limited to moneys derived from:
(1) The sale of property, interests in property or development rights, including the sale of concession rights and franchises;
(2) Gifts, donations, grants, equity contributions, royalties, concession fees, franchise fees or other fees, taxes, impositions, revenues, tolls, charges, assessments, levies, surcharges, impositions, duties, tariffs or other revenues; or
(3) Moneys that under an agreement with any governmental unit or private person or entity, are required to be deposited in the South North Construction Fund.
SECTION 5. (1) The Light Rail Bond Fund is created as a fund separate and distinct from the General Fund. In connection with the issuance of any light rail lottery bonds, the State Treasurer may establish such reserves as are deemed necessary or appropriate in order to provide additional security therefor, which reserves shall be held to the credit of an appropriate account of the Light Rail Bond Fund. The State Treasurer may provide that all or any portion of the Light Rail Bond Fund, or any account therein, shall be held by a trustee, and may enter into agreements with the trustee regarding the use and application of the amounts held in the Light Rail Bond Fund and accounts therein. Subject only to the availability of unobligated net lottery proceeds, in each fiscal year in which any amounts of principal or interest are due and payable on any light rail lottery bonds, there shall be transferred to the Light Rail Bond Fund or the appropriate reserve account therein the amounts of unobligated net lottery proceeds required by section 6 (2)(a) and (b) of this Act, the net proceeds of any light rail lottery bonds or interim financing obligations issued for the purpose of refunding any outstanding interim financing obligations and any appropriated funds.
(2) All moneys on deposit from time to time in the Light Rail Bond Fund together with all investment earnings thereon, are continuously appropriated to the payment of the light rail lottery bonds. All investment earnings on moneys on deposit from time to time in the Light Rail Bond Fund shall be retained in that account and applied to pay the principal of and interest on the light rail lottery bonds.
SECTION 6. (1) Subject only to the availability of unobligated net lottery proceeds, in each fiscal year beginning with the fiscal year commencing July 1, 1999, there shall be allocated from the Administrative Services Economic Development Fund created by ORS 461.540 an amount of unobligated net lottery proceeds that will equal:
(a) The dedicated lottery revenues for such fiscal year; plus
(b) Such additional amount as shall be required to restore withdrawals from any reserve account for light rail lottery bonds established pursuant to the authority granted in section 5 (1) of this Act to the extent such withdrawals result in the amount on deposit in such reserve account being less than the amount the state has covenanted to maintain therein.
(2) The amounts of unobligated net lottery proceeds allocated from the Administrative Services Economic Development Fund pursuant to this section shall be transferred as follows and in the order of priority indicated:
(a) First, there shall be transferred to the Light Rail Bond Fund the portion of such unobligated net lottery proceeds that, when added to any amounts then on deposit in the Light Rail Bond Fund that are available for such purpose, will be sufficient to pay all amounts of principal and interest coming due during that fiscal year on all outstanding light rail lottery bonds;
(b) Second, to the extent any deficiency exists with respect to any reserve account established as additional security for any light rail lottery bonds and such deficiency has not theretofore been cured by appropriated funds, there shall be transferred to such reserve account such portion of such unobligated net lottery proceeds as shall be required to cure the remaining deficiency; and
(c) Third, the balance, if any, of such unobligated net lottery proceeds shall be transferred to the South North Construction Fund.
(3) The annual amounts of unobligated net lottery proceeds required to be transferred to the South North Construction Fund under subsection (2)(c) of this section and all other moneys deposited in the South North Construction Fund, together with all investment earnings on all amounts on deposit from time to time in the South North Construction Fund, are continuously appropriated only for the purposes of funding the South North Line by application of such moneys to the payment of amounts committed to be paid under grant agreements entered into between the Director of Transportation and Tri-Met pursuant to section 3 of this Act and to pay the expenses of the Department of Transportation in administering the South North Construction Fund and the Light Rail Bond Fund. The annual amounts of unobligated net lottery proceeds required to be transferred to the Light Rail Bond Fund under subsection (2)(a) of this section or to any reserve account under subsection (2)(b) of this section and all other moneys deposited in the Light Rail Bond Fund, together with all investment earnings on all amounts on deposit from time to time in the Light Rail Bond Fund, are continuously appropriated only for the purposes of paying when due the principal of and interest on the outstanding light rail lottery bonds.
(4) In accordance with section 4 (4), Article XV, Oregon Constitution, and notwithstanding any other provision of law, the annual allocation of unobligated net lottery proceeds made by subsection (1) of this section and the transfers thereof required to be made by subsection (2) of this section shall be satisfied and credited from the first unobligated net lottery proceeds received by the state before any other allocation, appropriation or disbursement of the unobligated net lottery proceeds is made in such fiscal year.
(5) The transfer of unobligated net lottery proceeds to the Light Rail Bond Fund and the South North Construction Fund authorized by this section shall cease when the director certifies in writing that transfers of moneys under this section no longer are necessary because:
(a) Moneys in the Light Rail Bond Fund and in the South North Construction Fund are sufficient for the payment in full of all amounts owing under all outstanding light rail lottery bonds and all grant agreements entered into between the director and Tri-Met under section 3 of this Act and for the payment in full of the expenses of the department in administering the Light Rail Bond Fund and the South North Construction Fund; and
(b) The South North Line has been completed and such project has been accepted by the department, and all claims, suits and actions arising out of such project that could create a liability payable out of the moneys in the Light Rail Bond Fund or the South North Construction Fund have been resolved. The director shall deliver a copy of such certificate to the Governor and the State Treasurer.
(6) Upon receipt of the director's written certification pursuant to subsection (5) of this section that transfer of dedicated lottery revenues to the Light Rail Bond Fund and the South North Construction Fund under this section is no longer necessary, the State Treasurer shall thereafter credit dedicated lottery revenues received by the Light Rail Bond Fund or the South North Construction Fund under this section to the Administrative Services Economic Development Fund.
SECTION 7. (1) In accordance with any applicable provisions of ORS chapters 286 and 288, the State Treasurer, at the request of the Director of Transportation, may issue South North lottery bonds for the purpose of financing this state's share of the costs of the South North Line, including the refunding of any interim financing obligations. South North lottery bonds issued under this section may include interim financing obligations for the purpose of providing interim financing for this state's share of the costs of the South North Line pending the issuance of long-term South North lottery bonds. Such interim financing obligations may take the form of notes, commercial paper or other obligations. To secure interim financing obligations, this state may pledge the proceeds of South North lottery bonds and the proceeds of interim financing obligations authorized by sections 1 to 25 of this Act. For the purpose of financing grants authorized by section 3 of this Act and funding of the Transportation Equity Account as provided in section 12 of this Act, South North lottery bonds may be issued from time to time in one or more series in an aggregate amount not to exceed:
(a) The principal sum of $490 million; plus
(b) An amount equal to the costs incurred in connection with the issuance of the South North lottery bonds and other administrative expenses of the State Treasurer and the department in connection with the issuance of the South North lottery bonds; plus
(c) The amount of any reserves determined to be necessary or advantageous in connection with the South North lottery bonds; plus
(d) The amount needed to pay for the cost of acquiring any municipal bond insurance policy, letter of credit, line of credit, surety bond or other credit enhancement device obtained for the purpose of providing additional security or liquidity for the South North lottery bonds.
(2) The director shall submit to the State Treasurer from time to time written requests to issue the South North lottery bonds as provided in subsection (1) of this section in amounts sufficient to provide in a timely fashion the moneys required to fund the obligations of the department under any grant agreements entered into under section 3 of this Act for the purpose of financing the state s
Measure No. 32
ARGUMENT IN OPPOSITION
VOTE NO: On Measure 32 so we can have money for statewide equal educational use. Why do we need to vote almost $ 2 Billion Dollars for Lite Rail, when our children's education is a higher priority?
VOTE NO FOR YOUR KIDS AND GRANDCHILDREN SAKE
VOTE NO: Measure 32 creates a dangerous taxing system whereby Portland Region Light Rail taxpayers taxes are to be given to the other 33 Counties in the amount of $150 MILLION.
IS THIS GOOD EDUCATIONAL FINANCING?
VOTE NO: ASK YOUR STATE LEGISLATOR WHY THEY VOTED FOR RAILROADS INSTEAD OF EDUCATIONAL FUNDING.
VOTE NO: REMEMBER, THIS IS A BOND MEASURE OF $490 MILLION, WE BELIEVE THE TOTAL COST IS SHORT OF FUNDING.
536 Million including State Lottery Funds with interest
240 Million from State Lottery Funds
110 Million from State of Oregon General Funds, OR MORE.
150 Million from Portland Metro Area Taxpayers to be given away to induce Eastern & Southern Oregon to vote for the light-railroad. As a Citizen you cannot offer money to vote. Total of above $1.036 Billion. Tri Met says it will cost $1.5 Billion. WHO PAYS THE SHORTAGE OF $464 MILLION?
VOTE NO: Send a message to your State Legislators to put this much effort into educational funding, not railroad tracks. Children are more worthy of these funds than a cold steel railroad track.
VOTE NO: We believe State Legislators have authorized the State Treasurer to issue more bonds, without your vote, if $1.5 Billion is not enough for THE PORTLAND REGION LIGHT RAIL RAILROAD.
(This information furnished by Clyde V. Brummell, President, Oregon Homeowner's Association, Inc.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
State Bureaucrats, Building Contractors, Bankers and Consultants---the people profiting from the proposed North/South Light Rail projects---are pushing for a proposal that will waste our tax dollars.
Experts on Public transportation from Harvard, USC, Portland State, and other colleges, testified to our Legislature and told them the North/South Light Rail project is a "waste of taxpayer dollars".
The legislature did not listen to the experts and so concerned taxpayers gathered enough signatures to refer this $3 billion, pork barrel project to you, the voter.
Let us review the facts, as presented by the experts, why the North/South Light Rail Project is a waste of our tax dollars:
DON'T WASTE TAXPAYER DOLLARS. DON'T VOTE FOR PORK BARREL PROJECTS. DON'T LISTEN TO GOVERNMENT BUREAUCRATS AND SPECIAL INTEREST GROUPS.
VOTE NO, NO ON THE NEW LIGHT RAIL LINE
Paid for by Oregonians for Schools and Efficient Transportation.
(This information furnished by Bob Tiernan, Oregonians for Schools and Efficient Transportation.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
The newly proposed Portland "North/South" light rail line, the largest public works project in the history of the state, is going to cost taxpayers billions of dollars to build and hundreds of millions in operating subsidies to maintain.
Oregonians can't afford to waste money on a project that:
If light rail was "free," it would be a good idea. Unfortunately, it is not.
Oregonians need to spend lottery dollars on education---giving our children and young adults a better education. Our State colleges need to offer Oregonians the best higher education possible. We need to provide every Oregon High school graduate, who wants to attend college, a tuition assistance program.
Light rail will suck-up huge amounts of taxpayer dollars to build and maintain - taking money from our schools and our children.
Light rail will not relieve Portland area congestion. However, a better bus system, car pool lanes, repairing interchanges, bypasses, etc., for fractions of the cost, can relieve Portland area congestion.
Our taxpayer money must be spent on a true investment in the future - better schools, smarter kids.
VOTE NO ON LIGHT RAIL. WE CAN'T AFFORD
TO WASTE MONEY.
"PAID FOR BY OREGONIANS FOR SCHOOLS
AND EFFICIENT TRANSPORTATION"
(This information furnished by Bob Tiernan, Oregonians for Schools and Efficient Transportation.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
Vote NO on 32
STOP Light-Rail BOONDOGGLES
Building the proposed $3 BILLION South-North line would be another terrible waste of federal, state and local taxpayers' money. Like the existing Eastside line, the proposed MAX line would do very little to reduce traffic congestion or air pollution in the Portland metropolitan area. Furthermore, each passenger it added to Portland's transit ridership would require taxpayer subsidies of over $60 per round trip, three times more than the Eastside line.
While roads are being neglected, state parks and fish hatcheries are being closed, and new schools and prisons are being postponed for a lack of funds, it would be irresponsible to build a new MAX line that would cost taxpayers more than $25,000 per year in subsidies for each additional car that Portland's prodigal transit system would actually take off area roads.
While teachers, police officers and other workers are being terminated for a lack of funds, it would be wrong to spend $3,000,000,000.00 building another MAX line when more buses or a fleet of computer-dispatched minibuses, taxis and jitneys could carry many more passengers at a much lower cost to taxpayers. This privately-owned transit fleet could also provide guaranteed seating and door-to-door service, even in the low-density suburban and rural areas where most Oregonians now live and work.
Don't be fooled! Companies, politicians and others that would benefit financially if the South-North line is built, will spend a million dollars to fund a slick political campaign - including newspaper, radio and TV infomercials - to get your vote and your $3 BILLION. Just remember, these special interests are afraid to debate with anyone who can debunk their claims or tell you how much of a ridership flop and a financial fiasco light rail has really been in Portland.
For more information, write CATS, 12160 Burnett, Beaverton OR 97008, or contact http://www.com/oti
Vote NO on 32
STOP Light-Rail BOONDOGGLES
(This information furnished by Robert W. Behnke, Citizens Against Transit Scams (CATS).)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
MEASURE 32 WASTES YOUR TAX DOLLARS
A 1982 Tri-Met study estimated that streetcars to Milwaukie would cost under $50 million. That sounded reasonable. Now the cost is nearly $1,500 million, thirty times as much.
What do we get for this? A gold-plated, pork-laden streetcar line that hardly anyone will use. Even if we spend billions on fifty more mile of streetcar lines, Metro predicts transit will carry less than 5 percent of all Portland-area trips.
Streetcars were invented a century ago for cities that had no cars and little pavement. Calling streetcars "light rail" doesn't make them any better. Nineteenth-century technology can't solve the problems of a twenty-first century Portland.
Though the ballot refers to "South North light rail," this funds only the south portion. They will need more of your money for the north part. Fast, frequent bus service can reduce congestion at a far lower cost.
TRANSIT SUPPORTERS OPPOSE LIGHT RAIL PROJECT
The Association of Oregon Rail and Transit Advocates (AORTA) opposes the South-North light-rail project because the "costs [are] too high" and "ridership too low." "The new line would have slow operating speeds," says AORTA, " and would not be able to accommodate aggressive or long-term ridership growth."*
NEIGHBORHOODS OPPOSE MEASURE 32
Light rail "is not worth the cost if you're just looking at transit," says Metro planner John Fregonese. "It's a way to develop your community to higher densities."Ý After spending your tax dollars on streetcars, Metro will spend more of your taxes subsidizing high-density developments near streetcar lines.
But higher densities make congestion worse. We don't want to live in New York-urban-area densities: That's why we live here!
Randal O'Toole, John Adams, and other Oak Grove neighbors urge you to vote NO! on Measure 32.
http://www.teleport.com/~rot/og/neighbors.html
*AORTA Bulletin, March 1996.
ÝWisconsin State Journal 7-23-95.
(This information furnished by Randal O'Toole, Oak Grove Neighbors for Better Transit.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
MILWAUKIANS OPPOSE MILWAUKIE LIGHT RAIL
People in the Milwaukie area are asking you, our fellow Portland and Oregon voters, to help us prevent Metro (Portland's regional government) from implementing its current light-rail proposal.
Many of us originally supported the concept, but didn't know the details. We do now and we don't like it.
BRING NEW YORK TO PORTLAND?
According to Metro, the heart of this proposal is to push the Portland area's population density to higher than that of the New York-area today in the hope of boosting light rail ridership. But Metro admits that nine out of ten people will still drive and that the number of congested road miles will increase from 160 to 620!
LIGHT-RAIL IS TOO EXPENSIVE
The proposed four-mile light-rail segment from Milwaukie to Clackamas Town Center is expected to cost $455 million. Yet Metro predicts it will carry only 600 riders per day. That's an average tax subsidy of hundreds of dollars per ride. This route is already well served by buses!
BUSES ARE BETTER AND COST LESS
For less than the cost of one mile of light rail, we can provide the entire region with faster, more convenient, and more frequent bus service. But, if the light rail is built, we won't be able to improve bus service because, says Metro, the cost of light rail "limits future bus expansion."*
SAVE OUR LIVABILITY
Metro's research says this plan will make our region more congested. In fact, Metro regards congestion as a sign of "positive urban development."Ý We don't!
Metro boasts that the South-North light rail is the biggest public works project in Oregon history. We can't argue with that. We also believe it's the most wasteful.
TO IMPROVE TRANSIT, REDUCE CONGESTION, AND PROMOTE A LIVABLE PORTLAND, VOTE NO! ON MEASURE 32.
*Regional Transportation Plan, July, 1995, page 7-8.
ÝRegional Transportation Plan Update, March, 1996, page1-20.
(This information furnished by Jeannette Baker, Milwaukians for Reasonable Transit Choices.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
BETTER SOLUTIONS TO CONGESTION COST MUCH LESS THAN MEASURE 32
One solution is high-occupancy vehicle (HOV) lanes, which carry five times as many people, moving twice as fast, as regular freeway lanes.
Before Portland built MAX light rail, the HOV lane on the Banfield freeway was "a success," says the Oregon Department of Transportation, that "improved peak hour operating conditions on the freeway, conserved fuel, reduced travel costs to the public, and increased freeway capacity."
HOV lanes relieved congestion far better than MAX. During the seven years the HOV lanes were on the Banfield, freeway traffic increased by less than 2 percent. In the nine years after MAX was built and the HOV lanes remove, freeway traffic increased 57 percent, five times the area's population growth.
Actual experiences in Portland, Virginia, and elsewhere show that HOV lanes cost less and attract more riders than light rail. The proposed South-North line will cost 30 TIMES as much per passenger-mile as HOV lanes. Bus ridership increased 355 PERCENT when Virginia's federally funded HOV lanes were opened because travel time was halved.
Another solution is better bus service. For less than the cost of one mile of light-rail, Tri-Met can DOUBLE ITS BUSES, ADD NEW ROUTES, and provide EXPRESS BUSES on existing routes. If this light rail is built, Tri-Met won't have funds for such improvements.
Another solution is to use existing tracks for commuter rail rather than construct new ones. Peak-hour service could operate in a year at far lower cost than building new tracks.
Light-rail supporters plan to spend more than a million dollars on this election. But their glitzy ads will offer NO PROOF that light rail can reduce congestion or attract as many transit riders as the alternatives, BECAUSE THERE IS NONE.
Save your dollars and help reduce congestion. Vote NO! on measure 32.
For details, see http://www.hevanet.com/ oti
(This information furnished by Melvin Y. Zucker, Oregon Transportation Institute.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
A "NO" vote on Measure 32 is not necessarily a vote against better transit.
AORTA, a volunteer citizens' organization, has worked for better public transportation for decades. Many of our officers helped bring light rail to Portland. We continue to support expanding bus and rail service throughout Oregon.
AORTA supports improved transit and light rail In the South-North corridor and elsewhere.
However, AORTA no longer supports the current South-North project because its costs and negative Impacts clearly exceed its benefits, and because discussion has been closed on major design problems.
AORTA's Portland Chapter recommends that voters reject Measure 32 because:
COSTS TOO HIGH
South-North ($66,000,000 per mile, excluding river crossings) is significantly out of line with the costs of other effective light rail projects in North America.
RIDERSHIP TOO LOW
Metro's 20-year ridership projection of the South segment, even assuming dense redevelopment, forecasts less ridership than current eastside MAX. Ridership in the South segment is so low that Tri-Met cut midday transit service there this fall.
DOWNTOWN ALIGNMENT UNACCEPTABLE
Light rail on the Mall will degrade bus service, diminish the Mall's carrying capacity and actually decrease Tri-Met's ability to quickly move increasing numbers of people to and through the downtown.
BETTER TRANSIT OPTIONS AVAILABLE
Combining bus improvements and diesel-powered commuter rail on existing tacks in the corridor could provide faster commuter service from Milwaukie, Clackamas Town Center, Oregon City and Canby, and greater transit travel options. These could be implemented in less time and at much lower cost than the proposed project. Related track improvements would directly benefit the Willamette Valley High Speed Rail corridor.
While light rail can be highly effective, this South-North proposal is not a wise investment. Its costs would imperil our ability to make public transportation a more viable option throughout the metropolitan region and Oregon.
AORTA's Portland Chapter encourages Oregonians to:
(This information furnished by David Zagel, Chapter President, Association of Oregon Rail and Transit Advocates (AORTA), Portland Chapter.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
LIGHT RAIL IS A BOONDOGGLE
Light rail is the biggest, most wasteful pork barrel project in Oregon history.
Light rail funding is driven, not by the ability of light rail to reduce traffic congestion or air pollution, because it does neither. It is driven by greed, backroom political deals and vote trading. The campaign to pass this measure is being funded largely by contractors with a financial stake in the project ,and investors with properties located along the line.
This project is being marketed as funding for "statewide transportation projects." But take a look at the numbers. Light rail project costs $150 million per mile to build. Therefore, more than three-fourths of the transportation money will go to Portland for light rail, and the 23 percent that is left will be distributed sparsely throughout the rest of the state.
In other words, Portland gets a huge piece of the pie, and the rest of the state divides up the crumbs that are left.
But even Portlanders lose in this deal. Portland has to give up most of its future highway money in exchange for the light rail money. A huge chunk of cash will be spent on a light rail system that will be used by about one percent of the population while the roads used by the other 99 percent are allowed to deteriorate.
It's even more ironic for those driving the crowded freeways saying, "I support light rail so those other guys will get off the freeway and make more room for me." In reality, the other guys are voting for light rail so you will get off the freeway and make room for them.
Almost no one who supports light rail really plans to use it!
Spending $1.5 billion on a light rail project that very few will ever use, at a time when Oregon's schools are requesting more money, is utterly foolish. We simply cannot afford both light rail and schools.
(This information furnished by Bill Sizemore, Oregon Taxpayers United PAC.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
PLEASE VOTE NO ON BALLOT MEASURE 32
STOP THE TRAIN!
IT IS A BLACK HOLE THAT WILL ENCUMBER YOU, YOUR CHILDREN, AND PROBABLY YOUR GRANDCHILDREN.
THIS SEGMENT OF TRACK IS THE THIRD BUT NOT THE LAST. MORE WILL BE PROPOSED, AT GREAT ADDITIONAL COST.
IT IS OVER-PRICED AND OVER-RATED. THERE ARE CHEAPER AND BETTER WAYS TO DO THE JOB.
VOTE NO ON THE PORTLAND LIGHT RAIL TROLLEY.
THANK YOU.
Representative Cedric Hayden
former Chairman (1995) House Subcommittee on Transportation
(This information furnished by Representative Cedric Hayden, 1995 Chairman, House Transportation Subcommittee.)
(This space purchased for $500 in accordance with 1993 Or. Laws 811 §11.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.
Arguments in Favor ing from the South North Line project.
(4) Subject to enactment of legislation by the Sixty-ninth Legislative Assembly that grants power to Tri-Met and other local governments in the Portland metropolitan region to use new sources and methods for funding transportation, Tri-Met, in accordance with the provisions of such enacted legislation, shall assume the obligation to use the new funding authority to either:
(a) Provide not more than $75 million to the Transportation Equity Account during the construction of the South North Line; or
(b) Agree to reduce the obligation of the State of Oregon to finance the costs of the South North Line project by not more than $75 million.
(5) In addition to the other requirements of this section, Tri-Met shall conduct a study relating to the long-term funding of the operations and maintenance of the South North Line. Upon completion of the study, Tri-Met shall prepare a report that contains the findings and conclusions of the study, recommendations for long-term funding of the light rail line and any proposals for needed legal or administrative changes. A copy of the report shall be submitted to the Seventy-first Legislative Assembly.
SECTION 17. (1) Beginning with the fiscal year commencing July 1, 1999, there shall be distributed in each fiscal year to the cities and counties located wholly or partly outside the Portland metropolitan region for the purpose of financing essential transportation projects all moneys credited to the Transportation Equity Account by the State Treasurer during that fiscal year. Except as provided in subsection (4) of this section, the moneys distributed under this section shall be allocated 60 percent to counties and 40 percent to cities.
(2) The sum designated in subsection (1) of this section shall be remitted by warrant to the county treasurers of the several counties. The remittance in any year shall be in proportion of the number of vehicles, trailers, semitrailers, pole trailers and pole or pipe trailers registered in each county, to the total number of such vehicles registered in the state as of December 31 of the preceding year, as indicated by motor vehicles registration records. All such vehicles owned and operated by the state and registered under ORS 805.040, 805.045 and 805.060 shall be excluded from the computation in making the apportionment. For purposes of this subsection, vehicles, trailers and semitrailers registered within the Portland metropolitan region shall not be counted when determining the amount of money to be distributed to a county under this section.
(3) The sum designated in subsection (1) of this section shall be allocated to cities so that each city shall receive such share of the moneys as its population bears to the total population of all of the cities receiving moneys under this section. The moneys shall be remitted to the financial officer of each city.
(4) In each year in which moneys are distributed to counties under this section, $1.5 million from the moneys in the Transportation Equity Account that would otherwise be distributed to counties under subsections (1) and (2) of this section shall be set up in a separate account to be administered by the Department of Transportation for the counties. Moneys from the account shall be used for essential transportation projects. The department shall enter into agreements with counties upon the advice and counsel of the Association of Oregon Counties to establish the method of allocating moneys from the account.
SECTION 18. The authority granted by sections 9 and 12 to 17 of this Act may be exercised on and after the date on which federal matching funds are made available for the first construction segment of the South North Line light rail project.
SECTION 19. (1) In addition to the requirements of ORS 223.297 to 223.314, a governmental unit that has a transportation system development charge or transportation impact fee and that is required to reduce vehicle travel by land use rules adopted under any statewide planning goal related to transportation shall establish such charge or fee, or develop a system of credits, or both, based on a methodology that takes into account the effect of measures reasonably expected to reduce vehicle trip generation, including, but not limited to:
(a) Development that is transit oriented or that occurs within a pedestrian district;
(b) Development that utilizes pedestrian, bicycle or transit facilities to achieve reductions in vehicle trips;
(c) Development that incorporates transportation demand management measures; and
(d) Reduction of vehicle trips, if any, resulting from the construction and operation of light rail lines within the Portland metropolitan region.
(2) In order to maximize and encourage transit oriented development along light rail lines, governmental units shall:
(a) Provide through lowered fees or allowance of credits for the reduction of any transportation system development charges or transportation impact fees otherwise applicable by at least 30 percent for any transit oriented development constructed within one-quarter mile of a passenger station on a light rail line. For the purpose of complying with the requirement of this paragraph to provide for reduced fees and charges, a governmental unit may consider the reductions, if any, in fees or charges made under subsection (1) of this section.
(b) Not impose a new or increased transportation system development charge or a transportation impact fee other than construction inflation adjustments, on any transit oriented development within one-quarter mile of a passenger station on a light rail line.
(3) The reduction of transportation system development charges or transportation impact fees and the other restrictions on such charges and fees required under subsection (2) of this section shall be in effect only during the period of effectiveness of the Transportation Equity Account established under section 12 of this Act.
(4) A governmental unit shall not increase its transportation system development charge or transportation impact fee against residential housing to offset reductions required by subsection (2)(a) or (b) of this section.
(5) A governmental unit outside the Portland metropolitan region that has a transportation system development charge or transportation impact fee shall base such charge or fee on a methodology that takes into account capacity-increasing capital improvements, if any, financed with moneys from the Transportation Equity Account.
(6)(a) As used in this section, "transportation system development charge" or "transportation impact fee" means only that portion of a charge or fee adopted and assessed against development for the purpose of funding streets, roads and related improvements that principally provide for automobile circulation.
(b) "Transit oriented development" means transit oriented development as defined in land use rules adopted under any statewide planning goal related to transportation.
(c) "Pedestrian district" has the meaning given that term in land use rules adopted under any statewide planning goal relating to transportation.
(7) Nothing in this section is intended to make adoption or amendment of a system development charge a land use decision contrary to ORS chapter 223, or to require governmental units to set system development charges in a manner inconsistent with ORS chapter 223.
SECTION 20. (1) To assist and advise the Legislative Assembly in the performance of an oversight function relating to the construction of the South North Line, the Light Rail Oversight Committee is established.
(2) The Light Rail Oversight Committee shall consist of eight members appointed as follows:
(a) Four members shall be appointed by the President of the Senate; and
(b) Four members shall be appointed by the Speaker of the House of Representatives.
(3) The members of the committee shall be individuals with experience or training in mass transit, the financing or construction of major infrastructure projects, land use and state or local government.
(4) The appointing officers may appoint members of the Legislative Assembly to the committee. The appointing officers are ex officio members of the committee.
(5) Members of the Light Rail Oversight Committee are not entitled to compensation, but may receive actual and necessary travel or other expenses actually incurred in the performance of their duties as provided by ORS 292.495 (2).
(6) The Light Rail Oversight Committee shall consult with, and request and receive reports and other information from the public and private agencies managing the planning, financing and construction of the South North Line. The committee shall study and maintain oversight of all aspects of the planning, financing and construction of the South North Line, including costs, administration, management, compliance with applicable laws, intergovernmental relations and compliance with scheduled completion dates for separate segments of the South North Line.
(7) As the members consider it necessary or appropriate, the committee shall submit reports and recommendations to the Legislative Assembly concerning the South North light rail project.
(8) Upon completion of the South North Line, the tenure of office of the members of the committee shall cease and the Light Rail Oversight Committee is abolished.
SECTION 21. (1) Prior to the commencement of the regular session of the Sixty-ninth Legislative Assembly, the State Treasurer shall conduct an examination of the means by which the State of Oregon can best coordinate and maximize the benefits of using bonds that are secured by or payable from the net proceeds derived from the operation of the State Lottery for purposes consistent with section 4, Article XV, Oregon Constitution.
(2) The examination shall include, but not be limited to:
(a) The development of proposed legislation that will maximize this state's flexibility in the use of net proceeds from the operation of the State Lottery for the issuance of bonds to finance projects that are eligible for funding under section 4, Article XV, Oregon Constitution, while at the same time providing a coordinated program for the issuance and administration of such bonds;
(b) The identification of financing methods that will reduce the costs to the State of Oregon of borrowing moneys through the use of bonds or other obligations that are secured by or payable from the net proceeds derived from the operation of the State Lottery; and
(c) The maintenance and support of this state's current commitment to the lottery bond funding of the Westside Light Rail project under ORS 391.090 to 391.150, the South North Line under sections 1 to 25 of this Act and the Transportation Equity Account and the preservation of the security of lottery bonds issued under those laws.
(3) The State Treasurer shall report the findings of the examination and the legislative proposals required by this section to the Sixty-ninth Legislative Assembly and, if the examination and recommendations are completed prior to the commencement of the regular session of the Sixty-ninth Legislative Assembly, to the Emergency Board.
SECTION 22. According to the provisions of ORS 192.230 to 192.250 and beginning in 1999, Metro shall report to the Legislative Assembly by January 15 of each odd-numbered year on the implementation of the South North Line. The report shall contain information on residential housing densities in the metropolitan service district and the geographic, economic and transportation relationships between the densities and the South North Line. The report shall compare housing densities at the time of the report to density projections contained in project plans. The report shall contain information on the construction status of the South North Line, projected expenditures for complete construction and maintenance of the line, expenditures from the South North Construction Fund and the Light Rail Bond Fund, and all financial obligations incurred by Metro and Tri-Met in planning, construction and operation of the South North Line. The report also shall contain information on planned, actual and projected ridership.
SECTION 23. Section 22 of this Act is repealed July 1, 2019.
SECTION 24. If the line extending Tri-Met's regional light rail system north from Clackamas County, Oregon, is not part of a phased project that will serve both the Portland metropolitan region and Clark County, Washington, then prior to the issuance by Tri-Met of any general obligation bonds to fund its share of the line extending Tri-Met's regional light rail system north from Clackamas County, Oregon, Tri-Met shall submit to its electors the question of the issuance of such general obligation bonds.
SECTION 25. (1) Notwithstanding ORS chapters 28 and 34, ORS 183.400 to 183.484 or any other provision of law, exclusive jurisdiction for the determination of the constitutionality of any provision of sections 1 to 25 of this Act, including but not limited to the determination of whether the light rail lottery bonds authorized by sections 1 to 25 of this Act violate any provision of the Oregon Constitution, is conferred upon the Supreme Court.
(2) Any interested person may petition the Supreme Court for a determination of the constitutionality of any provision of sections 1 to 25 of this Act, including but not limited to the determination of whether the light rail lottery bonds authorized by sections 1 to 25 of this Act violate any provision of the Oregon Constitution. Any such petition must be filed within 30 days after the effective date of sections 1 to 25 of this Act. The petition shall name the Director of the Department of Transportation as respondent. If the petition seeks a determination of whether the light rail lottery bonds authorized by sections 1 to 25 of this Act violate any provision of the Oregon Constitution, the petition shall also name the State Treasurer as a respondent. The petition shall comply with the specifications for opening briefs set forth in the Oregon Rules of Appellate Procedure. Within 20 days following the filing of the petition, the respondents may file an answering brief, which shall comply with the specifications for answering briefs set forth in the Oregon Rules of Appellate Procedure. The Supreme Court may hear oral arguments and may provide by order for such hearings and filings as are reasonably necessary for the prompt disposition of the petition. The Supreme Court shall decide the matter with the greatest expeditiousness.
SECTION 26. ORS 197.587, 391.160, 391.165, 391.170, 391.175, 391.180, 391.185, 391.190, 391.195, 391.200, 391.205, 391.210, 391.215, 391.220, 391.225, 391.230 and 391.235 and sections 10, 16, 16a, 16c, 17, 18, 31a and 31b, chapter 3, Oregon Laws 1995 (special session), are repealed.
SECTION 27. It is the intent of the Legislative Assembly in enacting this Act that if any part of this Act is held unconstitutional, the remaining parts shall remain in force.
SECTION 28. This Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Act takes effect on its passage.