| 2006 Ballot Proposition Guide |
PROPOSITION 104
OFFICIAL TITLE
HOUSE CONCURRENT RESOLUTION 2001
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA;
AMENDING ARTICLE IX, SECTION 8, CONSTITUTION OF ARIZONA;
RELATING TO MUNICIPAL DEBT.
TEXT OF PROPOSED AMENDMENT
Be it resolved by the House of Representatives of the
State of Arizona, the Senate concurring:
1. Article IX, section 8, Constitution of Arizona, is
proposed to be amended as follows if approved by the
voters and on proclamation of the Governor:
8. Local debt limits; assent of taxpayers
Section 8. (1) No county, city, town, school district,
or other municipal corporation shall for any purpose
become indebted in any manner to an amount exceeding six
per centum of the taxable property in such county, city,
town, school district, or other municipal corporation,
without the assent of a majority of the property
taxpayers, who must also in all respects be qualified
electors, therein voting at an election provided by law
to be held for that purpose, the value of the taxable
property therein to be ascertained by the last
assessment for state and county purposes, previous to
incurring such indebtedness; except, that in
incorporated cities and towns assessments shall be taken
from the last assessment for city or town purposes;
provided, that under no circumstances shall any county
or school district become indebted to an amount
exceeding fifteen per centum of such taxable property,
as shown by the last assessment roll thereof; and
provided further, that any incorporated city or town,
with such assent, may be allowed to become indebted to a
larger amount, but not exceeding twenty per centum
additional, for supplying such city or town with water,
artificial light, or sewers, when the works for
supplying such water, light, or sewers are or shall be
owned and controlled by the municipality, and for the
acquisition and development by the incorporated city or
town of land or interests therein for open space
preserves, parks, playgrounds and recreational
facilities, PUBLIC SAFETY, LAW ENFORCEMENT, FIRE AND
EMERGENCY SERVICES FACILITIES AND STREETS AND
TRANSPORTATION FACILITIES.
(2) The provisions of section 18, subsections (3), (4),
(5) and (6) of this article shall not apply to this
section.
2. The Secretary of State shall submit this proposition
to the voters at the next general election as provided
by article XXI, Constitution of Arizona.
ANALYSIS BY LEGISLATIVE COUNCIL
The Arizona Constitution limits the amount of debt that
counties, cities, towns, school districts and other
municipal corporations may incur to 6% of the value of
the taxable property in the political subdivision unless
qualified electors in the political subdivision approve
additional indebtedness of up to 15%. In addition, the
Constitution permits incorporated cities and towns, with
the approval of qualified electors, to incur debt up to
20% of the value of taxable property in the city or town
to supply water, light and sewers and to acquire land
for parks and preserves.
Proposition 104 would amend the Arizona Constitution to
allow incorporated cities and towns to include debt for
the acquisition and development of public safety, law
enforcement, fire and emergency facilities and streets
and transportation facilities in the 20% debt limit,
upon voter approval.
ARGUMENTS "FOR" PROPOSITION 104
Before 104 was placed on the ballot, it was passed as
legislation with a bi-partisan majority of the Arizona
Senate and House of Representatives. I introduced this
legislation in response to the growing critical needs of
both rural and metropolitan communities throughout
Arizona.
Public works projects fall into two distinct categories
within the Arizona Constitution for purposes of bonding
- 6% and a 20% category of assessed valuation of a city
or town. 104 does only one thing - it shifts streets and
public safety projects out of the 6% and into the
existing 20% category. That is all 104 does. 104 simply
recognizes that the world has changed dramatically over
the last century by matching today's needs for roadways
and public safety facilities with a more modern and
sound fiscal approach to how we finance them.
104 does not raise taxes, nor does it change the debt
limits that cities and towns are currently restricted to
under the Arizona Constitution. Voter authorization is
still required before bonds can be issued by a community
to meet local needs. 104 merely allows for better
utilization of the constitutional bonding capacity that
already exists.
104 provides a no-cost, no-tax solution to modernizing
our state's constitution, while preserving the fiscal
limits that were put in place when our state's
constitution was ratified nearly a century ago.
Please join me in voting yes for more and improved
streets and for giving our state's police and fire
personnel the best opportunity to protect our public's
safety.
John Nelson, State Representative, District 12, Litchfield Park
Dear Voter:
The Arizona Chapter Associated General Contractors
encourage you to vote yes on Proposition 104. Our
members build Arizona's infrastructure, but more
importantly, they are citizens like you that get
groceries, take kids to school and drive to and from
work everyday.
Proposition 104 will help achieve these common everyday
tasks more efficiently and safely because it will allow
cities and counties the authority, WITH VOTER APPROVAL,
to make larger investments in roads and law enforcement.
Last session the legislature and Governor Napolitano
thought it important to invest a portion of the budget
surplus on accelerating Arizona's infrastructure.
Proposition 104 is your opportunity to say "let's keep
going." Let's make our roads and streets safer by
reducing congestion and investing in additional law
enforcement.
Please vote YES on Proposition 104.
Dennis Troggio, Chairman, Arizona Chapter Associated General Contractors, Chandler
David M. Martin, President, Arizona Chapter Associated General Contractors, Phoenix
Paid for by "Arizona Chapter Associated General Contractors PAC"
The Greater Phoenix Economic Council (GPEC) is the
region's official economic development organization,
responsible for attracting quality companies from around
the world and supporting foundational improvements that
enhance our business climate. As executive officers of
GPEC, we would like to convey our support for HCR 2001.
The U.S. Census Bureau has ranked Greater Phoenix the
fastest-growing region in the nation, and rapid growth
is expected to continue with our population reaching 6.3
million in the next 25 years. In order to achieve
sustainable growth, communities must make the necessary
investments for public infrastructure and
transportation. Ensuring our roads, highways and
freeways are sound is key to the region's
competitiveness. Transportation assets play a
significant role in a company's consideration to locate
or expand in Greater Phoenix, as it affects overall
business viability. For example, employee accessibility
to business operations, especially here, is a widespread
issue that can impact quality of life for a company's
workforce. In addition, locations with freeway access
are most desirable to easily transport the flow of goods
in and out of the state.
By shifting the bonding limitation for transportation
and public safety projects from the 6% to 20% category,
cities and towns can avoid implementing an increase in
sales tax that would have otherwise been used to
compensate for budget shortfalls. Employing this change
also allows communities more economic development tools
to fund projects at a local level.
We encourage you to vote in favor of HCR 2001 and enable
your community to better utilize its bonding capacity.
Public support of this referendum will improve Greater
Phoenix as a great place to live and work.
Ken Burns, Chief Financial Officer, Greater Phoenix Economic Council, Phoenix
Troy Ignelzi, Vice President, Emerging Technologies, Greater Phoenix Economic Council, Scottsdale
Paid for by "Greater Phoenix Economic Council, Inc."
Support for Proposition 104
The fast growing cities and towns of Arizona need the
ability to set priorities for community improvements.
Passage of Proposition 104 will remove artificial
barriers to meeting local needs.
A YES vote WILL NOT increase public debt.
A YES vote WILL NOT increase property taxes.
A YES vote WILL allow communities to decide priorities
between streets, public safety facilities, parks and
other local improvements.
Currently, state law gives communities more resources to
build parks and drainage projects than to build streets
and public safety buildings such as fire and police
stations. While that may be fine for some areas, it does
not meet the need in others. Proposition 104 will give
all of them the same criteria for funding, and let local
decisions and local funds meet local needs.
A YES vote WILL improve traffic.
A YES vote WILL improve public safety.
A YES vote WILL let communities decide what is best in
their neighborhood.
Mayor Marie Lopez-Rogers, Avondale
Mayor Fred Waterman, El Mirage
Mayor Thomas Schoaf, Litchfield Park
Mayor Phil Gordon, Phoenix
Mayor Adolfo Gamez, Tolleson
Mayor Bryan Hackbarth, Youngtown
Paid for by "John C. Keegan"Mayor Bobby Bryant, Buckeye
Mayor Daniel Birchfield, Gila Bend
Mayor John Keegan, Peoria
Mayor Joan Shafer, Surprise
Mayor Ron Badowski, Wickenburg
When you call 911 you expect a firefighter or a police
officer to come running as quickly as they can. And, you
have the same expectations regardless of whether you
live in a 50 year-old neighborhood or a brand new
subdivision. But often, local government is unable to
build the fire stations or police stations as fast as
the new development is coming. A fire truck can not get
to a heart attack victim as fast as it should when it
has to travel several miles down clogged roads to reach
a newly developed part of the city.
Proposition 104 will allow local governments to include
additional, important public safety projects in their
bond programs. Any municipal bond proposals must be
approved by local voters and are subject to a city's own
bonding limit. This measure simply allows more public
safety projects to be eligible for inclusion in bonding
programs.
Bonding for public safety projects helps expedite
building needed public safety projects. It also insures
that all local residents will pay their fair share of
the project's costs. The alternative is to ask current
city residents to pay a little more in taxes today to
build a fire station that will serve residents that
won't move in until tomorrow.
The Arizona Fire District Association supports
Proposition 104. Our State thrives on growth and new
residents. But every resident wants that fire truck at
their door as fast as possible. Proposition 104 gives
local governments another tool to make sure that all
city residents are served equally well. Vote Yes on 104.
Jan Hauk, President, AFDA, Buckeye
Thomas Healy, Vice President, AFDA, Phoenix
Paid for by "Jan Hauk"
The residents of our communities consistently cite
public safety and transportation issues as their most
critical needs. The successful enactment of Proposition
104 will be crucial to addressing these needs in the
future.
Passage of this measure will not increase the overall
debt limit of cities and towns. However, it will allow
municipalities to better meet the needs of its citizens
by providing the capacity necessary to issue bonds for
the construction of local street and highway
improvements and for additional police and fire
substations. Without the passage of this measure, our
East Valley communities may have to delay the
construction of these vital projects and may not be able
to keep up with the demands of growth.
As mayors, we understand how important public safety and
transportation are in maintaining our high quality of
life and in improving our local economies. Please help
us to deliver these critical services by voting in
support of Proposition 104.
Boyd W. Dunn, Mayor, City of Chandler, Chandler
Keno Hawker, Mayor, City of Mesa, Mesa
Hugh Hallman, Mayor, City of Tempe, Tempe
Steve Berman, Mayor, Town of Gilbert, Gilbert
Mary Manross, Mayor, City of Scottsdale, Scottsdale
Art Sanders, Mayor, Town of Queen Creek, Queen Creek
Paid for by "Mayor Keno Hawker"
WESTMARC strongly urges a YES VOTE on Proposition 104!
WESTMARC is the regional coalition of business,
government, and education that advocates for good public
policy. As a partnership between business and
government, it is paramount that we thoroughly consider
public policy issues and work collaboratively toward
public policy that is good for our region and our state.
WESTMARC has thoroughly reviewed Proposition 104 and
believes it will provide local communities another tool
in the tool box to address our transportation needs.
Consider this:
Arizona's explosive growth can be detrimental to
cities and towns that are unable to build the
infrastructure necessary to provide vital services to
future citizens.
Rapid population growth often results in deteriorating
streets and roadways and traffic congestion.
Cities are experiencing additional costs for air
quality compliance, urban sprawl, high insurance rates
and reduced quality of life.
Dramatic population growth places increased demand on
public safety and law enforcement.
An increased emphasis on homeland security places
critical need to upgrade public safety infrastructure.
If passed, Proposition 104 will:
Let communities decide what is best for their
neighborhoods.
Improve police and fire facilities.
Let communities decide priorities between streets,
police and fire facilities and parks.
Allow more street improvements.
Proposition 104 will give communities more tools to fund
public safety and transportation projects vital to the
citizens of West Valley and the state.
Vote YES on Proposition 104, and join these and other
members of WESTMARC:
Jay Ellingson, SunCor-Palm Valley
Goodyear Mayor James Cavanaugh
Doug Kelsey, Sun City HOA
Mike Woodard, Blue Cross/Blue Shield
Arlene Kulzer, Arrowhead Community Bank
Hal DeKeyser, Chairman, WESTMARC, Peoria
Tyron Ivy, Prism Technology Solutions
Glendale Mayor Elaine Scruggs
Chuck Ullman, Sun City PORA
James Resendez, West Valley Hospital
Herman Orcutt, Orcutt/Winslow Partnership
Jack W. Lunsford, President & CEO, WESTMARC, Phoenix
Paid for by "WESTMARC"
The Arizona Constitution sets limits on how much debt a
city or town can incur to finance the construction of
public facilities. For water, sewer or lighting projects
that will be owned by the city or town the limit is an
amount equal to 20% of the value of taxable property in
that city or town. For all other purposes, the limit is
6% of the taxable property value.
Many cities and towns have been unable to build the
necessary public safety facilities they need to serve
their residents because of the 6% limit. This measure
would allow public safety and law enforcement services,
fire and emergency services facilities, and
transportation facilities to be financed under the 20%
cap.
The measure simply adds those new purposes to the higher
limit; it would not cause an increase in debt or
property taxes unless the voters approve new
construction projects.
HCR 2001 recognizes that it is more expensive today for
cities and towns to pay for the construction of new
public facilities.
This measure will provide the capacity to issue bonds
that cities and towns need to construct facilities to
provide these vital services, if those bonds are
approved by the voters.
Douglas Coleman, President, League of Arizona Cities and Towns, Apache Junction
Boyd W. Dunn, Vice President, League of Arizona Cities and Towns, Chandler
Paid for by "The League of Arizona Cities & Towns"
The Arizona Association of Industries and our member
companies supported the passage of House Concurrent
Resolution 2001, Municipal Debt; Capacity and we are
supportive of the passage of Prop 104.
As the largest manufacturing and industrial trade
association in Arizona, we represent one of the most
powerful economic engines in the state. Manufacturers in
the state employ well over 175,000 jobs. Our
manufacturing companies are diverse and include
companies in traditional manufacturing industries such
as plastics, food processing and printing, as well as
those that are engaged in breakthrough technologies,
like electronics, medical devices and
aviation/aerospace.
Over the years we have witnessed a tremendous growth in
the state's population. This growth can be attributed to
our strong economy and our flourishing job market. As
more and more growth comes to Arizona, it is important
that local communities be able to invest in their
infrastructure by a vote of the people and within the
limits established by the local communities. In doing
so, we will create and support new investment in the
infrastructure required to support all industry sectors
including manufacturing.
Proposition 104 is an investment in Arizona's future
that will help maintain our strong standing as one of
the greatest places to live and work.
Stuart Banks, President, Arizona Association of Industries, Anthem
Jim Norton, Sr. Public Policy Advisor, Arizona Association of Industries, Phoenix
Paid for by "Arizona Association of Industries"
As a member of the Arizona State Senate, I supported
placing House Concurrent Resolution 2001 on the ballot.
This measure would provide an opportunity for small
cities and towns to build important transportation and
public safety infrastructure that would otherwise be
extremely difficult. Many small cities and towns simply
do not have the financial capacity to afford major road
or public safety technology projects that are so vital
to our economic development. Some of the road projects
that would be possible with HCR 2001 would be good for
safety, help ease congestion, and help us bring good
jobs to many regions throughout the State.
Future generations depend on us to make good decisions
about our basic infrastructure. I support providing this
option to local elected governments. Some will not need
this mechanism, and there is no mandate to use it. But
many of our communities in Greater Arizona need this
extra tool, and HCR 2001 provides them that flexibility.
Jake Flake, Arizona State Senate, District 5, Snowflake
Support HCR2001
Investing in Progress - Public Safety and Transportation
Nowhere are the demands for road improvements and
expanded public safety greater than in the East Valley.
The 1.5 million people that call this area home and the
additional 250,000 that will move here in the next 4
years expect a high level of service from our cities and
towns. The passage of HCR2001 (Investing in Progress -
Public Safety and Transportation) will ensure that our
local officials have the tools necessary to address
these important needs in the future.
Passage of this measure will allow municipalities to
better meet the needs of its citizens by providing the
capacity necessary to issue bonds for the construction
of local street and highway improvements and for
additional police and fire substations. Without the
passage of this measure, our East Valley communities may
have to delay the construction of these vital projects
and may not be able to keep up with the demands of
growth.
Passage of this measure will not increase the overall
debt limit of cities and towns. More importantly,
passage of this measure will not result in higher taxes.
Please help us to deliver these critical services by
voting in support of HCR2001.
Roc Arnett, President, East Valley Partnership, Mesa
David Udall, Immediate Past Chair, East Valley Partnership, Mesa
Paid for by "East Valley Partnership"
The 7,000 rank-and-file police officers of the Arizona
Police Association (APA) strongly support HCR2001. As
law enforcement officers, we have made a commitment to
place our lives between the good citizens of this State
and those who wish to do them harm. Arizona has the
finest police officers in the country, and even in the
face of a population explosion, the daily sacrifices of
these brave men and women have allowed Arizona to remain
a safe place to live.
To continue this level of service in the face of
continued population growth, the leaders of our towns
and cities must have the tools necessary to fund
appropriate public safety infrastructure. HCR2001 does
not create new taxes or bonds; however, in this day and
age of high risks to our citizens, public safety
services are critical to growing communities and
flourishing economies.
While the federal government cuts local funding for home
land security, local elected officials can use the
increased bonding capacity to keep their communities
safe and protected. With these bonds, they can build
police and fire facilities, purchase new or enhance
communication and 9-1-1 systems in their communities.
We will always been there when the citizens of Arizona
need us, and we want to have the training, equipment and
facilities necessary to deliver the service they
deserve.
Vote YES on HCR2001!
Jake Jacobsen, Executive Board, Arizona Police Association, Scottsdale
Dale Norris, Executive Director, Arizona Police Association, Phoenix
Paid for by "Arizona Police Association"
Support HCR 2001
Investing in Progress - Public Safety and Transportation
The Arizona Fire Chiefs Organization urges you to vote
YES on HCR2001.
The Arizona State Constitution limits bonding for local
public works projects to two categories - a 6% category
for transportation and public safety projects. The
second bonding category of 20% exists for utilities and
development of open space preserves, parks, playgrounds
and recreational facilities.
HCR 2001 asks voters to amend the Constitution to shift
the bonding limitation for transportation and public
safety projects from the existing 6% to 20% category for
cities and towns.
This constitutional change is necessary to address the
explosive growth we are experiencing in cities and
towns that are unable to collect enough revenues to
build the infrastructure needed to provide vital
services to our citizens.
The increased emphasis on homeland security creates a
critical need to upgrade public safety infrastructure.
However, the current limited bonding authority has put
public safety projects in a position of competing with
other major projects.
Benefits of Expanded Bonding Capacity
Bonding for infrastructure ensures that future
generations of citizens will help pay their share of
the cost for the services they will use.
Cities will not have to resort to permanent revenue
enhancements such as increasing sales tax to offset
funding shortfalls for temporary projects.
Cities will have more tools at the local level to fund
projects rather than depend on assistance on the state
or regional level.
Examples of Public Safety Projects:
Fire & Police Stations
Public Safety Training Facilities
Communications Systems
Enhanced 911 Services
Remember, there is no fiscal impact, and voters must
still approve any bond proposals.
Mark Burdick, President, AFCA, Glendale
Larry Rooney, 2nd Vice President, AFCA, Peoria
Paid for by "Miryam Gutier-Brown"
The Arizona Association of Chiefs of Police requests
your support on this proposition. Police departments
across our state are dedicated to serve and protect the
lives and property of the residents of our communities.
Because our communities are growing so rapidly, we as
police chiefs constantly struggle to keep response times
low, and to maintain the best possible technology and
facilities for fighting crime.
We strive to use the latest scientific technology,
including DNA, to ensure that the right person is
arrested and prosecuted. Many people watch popular crime
fighting shows such as CSI, believing that law
enforcement agencies in Arizona have this technology
readily available to them. However, this is simply not
true. The reality is that very few law enforcement
agencies have access to these technologies, which are
very expensive to purchase and maintain. At the same
time many of our radio and computer systems need
upgrading or replacement to keep up with these
technological advances.
This proposition gives your local government the
flexibility to use more of their community's bond
capacity to build and equip public safety facilities
such as:
police and fire stations;
crime laboratories;
public safety training facilities;
communications systems; and
911 and other emergency systems.
Please, help us keep our communities safe by supporting
this important measure.
Eric Edwards, Executive Director, AACOP, Litchfield Park
Fran Burns, Secretary, AACOP, Mesa
Paid for by "Arizona Association of Chiefs of Police"
The greater Phoenix region is a dynamic place to start
and grow a business -- that's why we continue to enjoy
one of the fastest-growing regional economies in the
country. We all benefit from the new jobs, construction,
and business diversity that comes from economic growth.
But as business leaders, we understand that this growth
also can strain existing infrastructure by clogging our
streets and freeways, and stretch thin the capabilities
of our police, fire, and emergency response systems.
Planning and investing for future growth is key to our
continued success as a region; therefore, we strongly
support Proposition 104.
This measure will allow communities in Arizona to
allocate more of their existing resources to pay for
critical public infrastructure such as streets, passing
lanes, wider intersections, improved traffic signals,
new transit routes, enhanced 911 emergency services,
fire trucks, fire stations, public safety training
facilities, police radios, and police stations. The
safety and security of our businesses and employees
depends on these kinds of prudent public investments.
A YES vote helps our cities and towns build and improve
roads and streets.
A YES vote helps our cities and towns to keep us safe.
Please vote YES on Proposition 104.
José A. Cárdenas, Chairman, Greater Phoenix
Leadership, ChandlerR. Thomas Browning, President, Greater Phoenix Leadership, Scottsdale
Paid for by "Greater Phoenix Leadership"
Arguments "AGAINST" Proposition 104
The Secretary of State's office did not receive any
arguments "against" Proposition 104.
BALLOT FORMAT
PROPOSED AMENDMENT TO THE CONSTITUTION
BY THE LEGISLATURE
OFFICIAL TITLE
HOUSE CONCURRENT RESOLUTION 2001
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF
ARIZONA; AMENDING ARTICLE IX, SECTION 8,
CONSTITUTION OF ARIZONA; RELATING TO MUNICIPAL
DEBT.
DESCRIPTIVE TITLE
PERMITS INCORPORATED CITIES AND TOWNS WITH VOTER
APPROVAL TO INCLUDE DEBT FOR THE ACQUISITION AND
DEVELOPMENT OF PUBLIC SAFETY, LAW ENFORCEMENT,
FIRE AND EMERGENCY SERVICES FACILITIES AND STREETS
AND TRANSPORTATION FACILITIES IN THE 20% DEBT
LIMIT.
A "yes" vote shall have the effect of permitting
incorporated cities and towns to include debt for
the acquisition and development of public safety,
law enforcement, fire and emergency services
facilities and streets and transportation
facilities in the twenty percent debt limit, upon
voter approval.YES
A "no" vote shall have the effect of retaining the
current debt limitations on incorporated cities
and towns.NO
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