Guidance_High-Capacity Transit Additional Guidance for High-Capacity Transit:
In drafting proposed language responsive to the discussion last meeting,we discussed internally and
additional guidance would be helpful. The proposed language is:
The Tigard City Council may not impose a new tax or fee to fund construction of light rail in the City
without first submitting the question to a public vote.
The following issues should be clarified:
1. Should this clarify that tax increment financing is permissible? While TIF itself is not a fee or tax,
if a new district is formed with light rail as a permissible project,that creates ambiguities.
2. Are light rail elements included in the definition of"construction of light rail?" For example, a
park and ride structure. What if the structure serves both light rail purposes and general City
purposes?
3. Are tax or fee increases considered "new?" If so, is it any increase or just increases over a
certain amount, percentage, etc?
Additional points of reference for the Committee to consider...
a. Any vote by Council on a tax would need to be by non-emergency ordinance, meaning there
would be 30 days before the effective date, in which time anyone could refer the action to a
public vote. Referral requirements are spelled out in state law and would require the signature
of 10%of registered voters. In Tigard, that means about 3,800 signatures would be required.
b. Minutes from the meeting adopting the ballot title for Measure 34-255 were distributed. This is
the measure referring Ord 16-12 to the ballot. Discussion also includes Ord 16-11, interpreting
the Charter language. The public comment and discussion may be insightful. This measure
passed 12,683 votes in support to 12,534 opposed.
c. As mentioned last time, regardless of Charter language, the region has the authority to override
any opposition to light rail by Tigard or its Charter. If the public believes this Charter language
would be an anti-light rail check on the City,that is not accurate. Rather,this language would
address the narrow issue of new funding.