(1) The board may modify the plan
to change transportation projects or revenue sources if:
(a) Two or more participating counties adopt a resolution to
modify the plan; and
(b) The counties submit to the voters in the district a
ballot measure that redefines the scope of the plan, its
projects, its schedule, its costs, or the revenue sources. If
the voters fail to approve the redefined plan, the district shall
continue to work on and complete the plan, and the projects in
it, that was originally approved by the voters. If the voters
approve the redefined plan, the district shall work on and
complete the projects under the redefined plan.
(2) The board may modify the plan to change transportation
projects within a participating county if:
(a) A majority of the board approves the change;
(b) The modifications are limited to projects within the
county;
(c) The county submits to the voters in the county a ballot
measure that redefines:
(i) Projects;
(ii) Scopes of projects; or
(iii) Costs; and
(iv) The financial plan for the county;
(d) The proposed modifications maintain the equity of the
plan and does [do] not increase the total level of plan
expenditure for the county.
If the voters fail to approve the modified plan, the
district shall continue to work on and complete the plan, and the
projects in it, that was originally approved by the voters. If
the voters approve the redefined plan, the district shall work on
and complete the projects under the redefined plan.
(3) If a transportation project cost exceeds its original
cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county
legislative authorities, submit to the voters in the district or
county a ballot measure that redefines the scope of the
transportation project, its schedule, or its costs. If the
voters fail to approve the redefined transportation project, the
district shall terminate work on that transportation project,
except that the district may take reasonable steps to use,
preserve, or connect any improvement already constructed. The
remainder of any funds that would otherwise have been expended on
the terminated transportation project must first be used to
retire any outstanding debt attributable to the plan and then may
be used to implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two or
more participating counties:
(i) The counties shall submit to the voters in the district
a ballot measure that redefines the scope of the plan, its
transportation projects, its schedule, or its costs. If the
voters fail to approve the redefined plan, the district shall
terminate work on that plan, except that the district may take
reasonable steps to use, preserve, or connect any improvement
already constructed. The remainder of any funds must be used to
retire any outstanding debt attributable to the plan; or
(ii) The counties may elect to have the district continue
the transportation project without submitting an additional
ballot proposal to the voters.
(4) To assure accountability to the public for the timely
construction of the transportation improvement project or
projects within cost projections, the district shall issue a
report, at least annually, to the public and copies of the report
to newspapers of record in the district. In the report, the
district shall indicate the status of transportation project
costs, transportation project expenditures, revenues, and
construction schedules. The report may also include progress
towards meeting the performance criteria provided under this
chapter.
[2003 c 194 § 2; 2002 c 56 § 114.]