City of Gresham
Measure No. 26-65
BALLOT TITLE
CLARIFICATION OF CHARTER PROVISION REGARDING MAJOR ROADS AND HIGHWAYS
QUESTION: Shall the charter be amended to clarify when voter approval is required on city road and transportation projects?
STATEMENT: The current charter provides that “no limited access road or highway of four lanes or more shall be constructed” in Gresham without prior voter approval of both the location and design of the project. Absent voter approval, the city is also prohibited from “promoting or even acquiescing” in such a project. The provision is the result of an initiative petition process in 1996, and has caused confusion in its interpretation and its application to city transportation projects since that time. The measure clarifies that voter approval is required only when a freeway-type project is at issue. Language relating to promoting or acquiescing in a construction project is deleted to avoid unnecessary impacts to non-freeway road and transportation projects in the city and adjacent areas. References to state highway projects that have not received full funding or met final environmental requirements have been deleted as no longer relevant. The measure would take effect on January 1, 2005.
EXPLANATORY STATEMENT
The current Gresham City Charter was adopted May 2, 1978. It was last revised by the voters on November 3, 1998. Pursuant to the terms of the charter, the city council convened a Charter Review Committee comprised of local citizens to complete a periodic review of the charter and address a variety of issues and concerns that had been raised regarding the document. On January 20, 2004, the 2003 Charter Review Committee recommended to council that a number of charter changes be referred to the voters for consideration. Among them was a change to clarify the Section 36B, which relates to the planning, development and construction of major roads and highways. On August 3, 2004, council approved sending this measure to the voters at the November 2004 election.
Section 36B of the current charter provides that “no limited access road or highway of four lanes or more shall be constructed” in Gresham without prior voter approval of both the location and design of the project. Absent voter approval, the city is also prohibited from “promoting or even acquiescing” in any such project. The provision is the result of an initiative petition process in 1996.
The 1996 citizen initiative developed, at least in part, as a result of an Oregon Department of Transportation (ODOT) project study to site a North-South freeway connector between Interstate 84 and State Highway 26. The connecter came to be commonly known as the Mt. Hood Freeway Project. The proponents of the 1996 initiative sought to ensure that Gresham citizens would have the right to approve the location and design of any freeway connector project that was to run through the city prior to the development or construction of any such project.
The terms “limited access road” and “highway of four lanes or more” are not defined in Section 36B of the charter, the legislative history surrounding the initiative petition, or relevant 1996 voter pamphlet or election materials. The meaning of “promote or even acquiesce” in any highway construction project as used in the charter provision is similarly not stated. The absence of such definitions has created confusion as to the applicability of the provision to existing transportation and road development projects. The charter amendment proposed by this measure is not intended to change the underlying intent of the 1996 initiative. Rather, it is designed to clarify the types of projects for which voter approval is required, and ensure that the provision is not applied unnecessarily to non-freeway transportation projects such as enhancement of city arterials to increase traffic flow.
For the purpose of this charter amendment and its application to future road and transportation projects, the term “expressway” is defined as “a high speed, high volume divided highway for through traffic with access partially or fully controlled and grade separations at important intersections with other roads.” “Freeway is defined as “an expressway with fully controlled access.” See also the 1999 Oregon Highway Plan, An Element of the Oregon Transportation Plan.
If approved by voters, the measure would take effect on January 1, 2005.
Submitted by:
Debbie Jermann,
Gresham City Clerk
No arguments FOR or AGAINST this measure were filed