A second petition has been filed aimed at blocking a light-rail line through Milwaukie.
Provided it reaches the ballot and is approved by voters, it could not only jeopardize $5 million in city funding for the project, but tie Milwaukie officials' hands concerning future maintenance or improvements to the line.
Longtime light-rail opponent Ed Zumwalt filed a petition Friday to collect signatures to place a measure on the November ballot. It would change the city charter to require a public vote before Milwaukie can spend any money to finance, design, construct or operate the $1.5 billion Portland-Milwaukie Light Rail. Zumwalt needs nearly 1,900 signatures to send the issue to city voters.
Zumwalt's measure is nearly identical to one filed in late December that would place a measure on the May ballot to prevent Clackamas County from making $25 million in the same kinds of expenditures.
The 7.3-mile Orange Line between Portland and Oak Grove is slated to open in September 2015. Construction began in June on the centerpiece of the project, a 1,720-foot bridge over the Willamette River, and designs are 90 percent complete for the rest of the line. Construction of the segment extending east from the river could begin as early as February.
Zumwalt said he's concerned about crime, traffic and parking around light-rail stations. He said TriMet is rolling over residents and the Milwaukie City Council is not pushing for solid promises from the transit agency about security measures and amenities.
"I get nothing but pie in the sky from TriMet and nothing from our City Council," Zumwalt said.
Zumwalt said he'd prefer TriMet stop the light rail in Portland at Southeast Tacoma Street.
TriMet spokeswoman Mary Fetsch said it's too soon to know what the petitions would mean for the southern segment of the line. However, if Clackamas County is blocked from paying its commitment of $25 million, and Milwaukie can't pay its pledged $5 million, that could eliminate at least $60 million from the project because of matching funds from the federal government.
Milwaukie Council President Greg Chaimov, who is a lawyer, said the petition would probably accomplish the opposite of what Zumwalt wants. Chaimov, along with Clackamas County attorney Scot Sideras, interprets the U.S. Constitution to say that government bodies cannot change laws to void existing contracts.
"The main problem with the measure is that it is so poorly written and so broad that it's likely, if it passes, to prevent the city from doing the tasks that would be needed to make light rail a better neighbor but not keep the city from, for example, making the $5 million payment that the city's agreed to make," Chaimov said.
However, Zumwalt said whether a vote could stop the payment to TriMet is "up to courts to decide."
TriMet would view the contracts as legally binding, Fetsch said, meaning TriMet could sue the county and Milwaukie if payment were not made.
Clackamas County commissioners are considering asking TriMet to renegotiate the county's $25 million contract. Already, the Milwaukie councilors are discussing how to come up with their $5 million, which could involve raising taxes for a bond. Councilor Dave Hedges said the council agreed to pay the money, despite a tight budget.
"People need to weigh what they're likely to lose by not paying the money, and that would be their personal choices to make," Hedges said.
