Thursday March 6, 2014 - AGENDA 21: Can you spare 2 hours to STOP LIGHT RAIL at Mesa Drive?Posted: 2014-03-03 3-3-14 Tracy Langston This is the type of building project that Light Rail has brought to Main Street in Mesa and all down Apache Boulevard in Tempe. Do you want MORE of this, between Mesa Drive and Gilbert Road (near the LDS Temple)?
In case you were wondering: that IS the final color; this was funded in part by you (through the City of Mesa and AZ Department of Housing); and you can see it in person if you drive west from Main and Dobson. We have an opportunity to support and observe our citizens fighting for our liberty in court. The case centers on protecting property rights and requiring the City of Mesa to comply with finance and voter protection laws before committing the people of Mesa to a greater general obligation debt that will have significant impact on funding city services in the future. Thanks for your help. It will make a very significant difference if the public attends this hearing! On Thursday, March 6, 2014 at 1:30 the Summary Judgment Motions will be heard by Judge Udall regarding the Mesa Light Rail extension on Main St. to Gilbert Road. Where: Superior Court of AZ, Southeast Courthouse The fundamental issues for the court are: (1) The city represented that the extension will be paid for with “repurposed” federal funds from 16 street projects. The promised “repurposed” $150 million federal funds, from the 16 street projects that will be “repurposed” for funding the $135 million light rail extension have no guarantee of payment. (8 of the projects are done and were paid for by developers and the City has declared the other 8 as not needed.) The Federal Highway fund is essentially bankrupt and the City has failed to produce any documented assurances that the federal funds will be paid. Why would the Federal Highway Fund pay for projects done or not needed? (2) The light rail extension requires the construction of a statutorily defined “utility” (a public parking lot). State law requires that funding for utilities must be voted on and approved before funding can be approved. Mesa citizens were not allowed to vote for the light rail extension and utility funding. (3) The City admits that the “Notes” (read bonds) they are issuing to pay for the light rail extension are secured by city general excise taxes (sales taxes). These are not special sales taxes raising revenues from the operation of the light rail system. They are general sales taxes that will have an impact on the city debt and other financial obligations and services of the city and require a vote. (4) The city has admitted in public meetings that the city does not have accounts providing revenues to cover the operating or maintenance expenses of the light rail extension. The Phoenix Metro light rail operating record establishes that it will cost the City $1.2 million per mile, above and beyond revenues, to operate the light rail system. We do not know the maintenance expenses. That money will have to come from the city general fund and cause a reduction in funding other services - unless there is a tax increase. The debt created by the light rail “Notes” will not be paid for with light rail revenues or “repurposed” funds. To avoid the bond vote requirement, the project must be paid for with the “project revenues” and not general obligation bonds or “Notes” as they are described by the City. Therefore it is a general obligation debt for which the city is obligated to pay with its sales taxes and must be approved by the voters before the project can proceed. (5) Does the light rail project violate the State Constitution Gift Clause prohibition? (6) Did the City violate the “special law” restriction, prohibiting special laws that favor one and are not available to all, by the “repurposing” of federal funds?
-- In Liberty! Tracy Langston
"In memory of our God, our religion, and freedom, and our peace, our wives, and our children." Alma 46:12
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