What COAST's anti-rail Charter Amendment really means
Take a close look at the language of the new Charter Article XVI that voters are being asked to approve. Its sponsors claim they want to stop the current project. In fact, this amendment would do much more than that.
What it says: : “The City shall not spend or appropriate any money on the design, engineering, construction or operation of a Streetcar System, or any portion thereof.”
What it means: This phrase prevents the city from spending any money on anything related to preparing any kind of passenger rail transit in Cincinnati.
What it says: “Further, the City shall not incur any indebtedness or contractual obligations for the purpose of financing, designing, engineering, construction or operating of a Streetcar System, or any portion thereof.”
What it means: This language would make it impossible to accept federal grants, to issue bonds, to enter into public-private partnerships for passenger rail. Even private investment in a rail system in the city limits would be illegal.
What it says: “This Amendment applies from the date it is certified to the Charter, and will continue in effect until December 31, 2020.”
What it means: The arbitrary 10-year ban on preparation is designed to force new transit planning to start from square one in 2021. Because permanent infrastructure requires many years to develop, this language would guarantee Cincinnati sees no rail-based transit for a generation.
What it says: “For purposes of this Amendment, the term 'Streetcar System' means a system of passenger vehicles operated on rails constructed primarily in existing public rights of way ...”
What it means: The term "streetcar system" in this amendment would ban all rail that runs in on Cincinnati streets or rights-of-way. That would prevent commuter rail and streetcars alike; even restoring the city's historic inclines would be outlawed.
What it says: “...The term 'City' includes without limitation the City, the Manager, the Mayor, the Council, and the City’s various boards, commissions, agencies and departments …”
What it means: Under this language, even Cincinnati's Metro system could not consider taking advantage of future national and regional funding programs.
What it says: “...The term 'money' means any money from any source whatsoever....”
What it means: This language would not only lock out local, state and federal funds, but make it illegal for corporations, non-profits and individuals to pay for rail-based transit.
OFICIAL PETITION LANGUAGE
For submission of Proposed Amendment to the Charter of the City of Cincinnati
To the Council, the legislative authority of the City of Cincinnati, Ohio:
We, the undersigned, Electors of the City of Cincinnati, Ohio, petition your honorable body to forthwith provide by ordinance, for submission to the electors of the City of Cincinnati, the following proposed Amendment to the Charter of the City.
A M E N D M E N T
(Streetcar Spending)
TITLE: AN AMENDMENT TO THE CHARTER OF THE CITY OF CINCINNATI TO PREVENT SPENDING TO BUILD AND OPERATE A STREETCAR SYSTEM THROUGH THE YEAR 2020.
TEXT: Be it resolved by the people of the City of Cincinnati that a new Article XVI of the Charter is hearby added as follows:
Section 1. The City shall not spend or appropriate any money on the design, engineering, construction or operation of a Streetcar System, or any portion thereof. Further, the City shall not incur any indebtedness or contractual obligations for the purpose of financing, designing engineering, construction or operating of a Streetcar System, or any portion thereof.
Section 2. This Amendment applies from the date it is certified to the Charter, and will continue in effect until December 31, 2020. This Amendment will have no force or effect
after December 31, 2020.
Section 3. For purposes of this Amendment, (i) the term “Streetcar System” means a
system of passenger vehicles operated on rails constructed primarily in existing public rights
of way, (ii) the term “City” includes without limitation the City, the Manager, the Mayor, the Council, and the City’s various boards, commissions, agencies and departments and (iii) the term “money” means any money from any source whatsoever.
Section 4. In the event that any provision of this Article XVI is found to be unconstitutional
or impermissibly in conflict with state or federal law, only such provisions found to be unconstitutional or impermissible will be stricken, and the remainder of this Article XVI will remain in full force and effect.
The following persons are designated as a Committee to represent the petitioners in all matters relating to the petition or its circulation.
Robert W. Buechner, 2475 South Rookwood Court, Cincinnati, OH 45208
Thomas E. Brinkman, Jr. 3215 Hardisty Avenue, Cinicnnati, OH 45208
Michelle Edwards, 7309 Scottwood Ave., Cincinnati, OH 45237
Mary Kuhl, 2436 Homestead Place, Cincinnati, OH 45211
Christopher Smitherman, 1000 Lenox Place, Cincinnati, OH 45229
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