HomeMy WebLinkAbout1992 Resolution No. 085RE.50LUTIONNO ;{::;.
SERIES Or 1992--
Spon so red by Council Member Hobcnlchl
A RESOLtmON DECI.ARING THE ENGLEWOOD c; -y CO UNCIL'S OPPOSmON TO
AMENDMENT I . WHICH WILL APPEAR ON THE NOVEMBER 3. 1992 GENERAL
EL ECllON BALl..01'.
WHEREAS . a propose d constitutional amendment h as bee n pl aced on lh e
Nov ember 3 . 1992 general election ballot as Amendment No. I , whJ ch would
unreasonably limit state and local government revenues, spenc!Jng. and servic es:
require numerous expensive elecUons on state ond local finance Issues: and Impose
addlllonal cosUy requirements. thereby diverting public revenues from critical publlc
services: and
WHEREAS. because the amendment addresses spending as well as revenues, It ls
much more confusing. complicated . and onerous than any prior local government
llmllatlon proposed to the Colorado electorate: and
WHEREAS . the amendment will have Immediate a nd long term adverse ~«ects
on the City of Englewood's operations and consequently on Its ability to continue to
proVlde services to Its clUZens: and
WHEREAS , the City's current shares of state collected, locally shared revenues
In the form of motor fuel tax . cJgan:ttc tax. energy Impact funds. and lottery funds are
also at risk due lo the amendment's restrictions on state revenue and spending; and
WHEREAS. the combination of revenue. spending, and other reslrlctlons wtll
Impair the conununlty's ability to lnVest In economic development. Job creation and
Infrastructure and to gain the resulting community benefits; and
WHEREAS. even though recreational and other actlVltles arc lln anccd
primarily by fees paid by users. the amendment will make It dlfllcull to maintain and
Improve existing services or to expand or add new services: and
WHEREAS . even though munic ip al wat er. sewer. electrical gas. and airport
uUUU es a re financed by fe es paid by users, the amendment's "enterprise" aemptton ls
so vague that these operations may be unable to serve cons umer needs even though
utility service dem a nd levels and envtronmcntal manda tes arc not within the control
of th e municipality a nd eve n thoug h priva te utilities a re not s imil a rly affec ted ; a nd
WH EREAS . the amendment Vio la tes th e princ ipl es of representa tiv e
gove rnment In th a t dec isions re garding gove rnmenta l programs and poli cies whi ch
relate to th e expenditu re of public funds will ofi en re qu ire vo ter a pprova l rathe r than be
de termlned by members or th e City Council who have been du ly ch ose n by th e c itize ns
of Uie Ci ty of Englewood to ma ke such decisions: a nd
WHEREAS . the a mendment undem1l nes the principles of local co ntrol a nd
home ru le by subjecting day-to-day gove rnm ental decisions to arbitrary s tatewide
lim its without the consideration for local nee ds and condit io ns of th e City of
Englewood and Its residents: and
WH EREAS. th e a mendment Imposes a constllutlona l straJghlJacke t on every
local ~ovc m ment In Co lorado with out regard fo r the complexlly of loca l govenuncnl
·1 ·
s1n1clures and restrictions and provides no opllons for clllzens of a local government lo
adopt nltemallve local llmlts consistent with local needs: and
WHEREAS . loc al governments are already acco unlable lo the ir constituents
through reg ular elections, tnttlallve. referendum and recnl! proce dures. a nd a variety of
fin a nc ia l controls : and
WHEREAS, tf a local government e,cperlences a revenue and spcndtng shortfall
In any yea rs. Its revenue and spendtng limit a nd Its ablllly to provid e services arc
pemianenUy reduced even though rev enues recover : and
WHEREAS , because of the cycllcal nature of government rev enu es and spending
a nd the delays Inherent In the amendment's revenue and spending llmltatlon, local
governments will be unable to respond to economJc condlllons ln n Um ely manner: and
WHEREAS, the effect of the amendment's re quirement of vote r approval of a
wide vcrlety of finance and service Issues a l ele cuon s held a maximum of three {or twol
times ln each two year ballot at the same ttrne . prevent timing of bond elecUons to take
advantage of fa vorable market condlllons. substantially restrict citizen lnlUatlve
rights. a nd preclude timely responses to emergency condlllons which arc not defined as
emergencies ln the amendment: and
WHEREAS , the amendment establishes costly, cumbersome. and confusing
election procedures a nd requirements. with legal Jeopard,v to the citizens tf required pro
and con statements. flscal estimates or notices are la ter determined by the courts to be
mistaken or Inadequate: and
WHEREAS, the amendment requires addlUonal election to spend the proceeds of
truces approved by the voters at previous elections; and
WHEREAS , the City of Englewood and Its citizens will be forced to absorb
additional election. finance, admlnlstratlon. and legal costs In order to comply with
the amendment's requirements: and
WHEREAS . the amendment rcqutrcs local governments to divert funds from
needed public services to create special reserves available only for extremely limited
purposes: and
WHEREAS . passage of the amendment Will require c."Clenslve and cosUy
lillg a llon In order for citizens and government offic ials to be confident about Its
meantng and lo comply with Its terms: a nd
WHERE, 5 , tf a local gove rnment ma kes a mi s ta ke tn tn terprell ng and
com plying "1th the amendment. the loca l government and ll s clUzens are subject lo
paying a 10% penalty for up lo four years, plus refundtng the c.~cess a nd paying the costs
and a ttorney's fe es of the pl a intiffs and of the local governme nt:
NOW, TH ERF.f ORE, BE IT RESOLVED BY THE cm COUNCIL Of THE C ITY Of
El\"GLEWOOD , COLORADO. THAT:
~-Am endme nt I Is h ereby opp osed because ll would be severely
dctrtment al 10 th e Clry of Englewood a nd !ls citize ns.
Stl:J.ll2n.2., Citizens ai, enco uraged 10 become full y Info rm ed abou l Ille
amendment and lls effec1s on them . their community. a nd their stale before vottng on
:'\ovember 3 .
~. The cttl7.e ns or the City or Englewood arc encouraged to vo te "No" on
Amendment No . I .
ADOPTI::D AND APPROVED thlS 19th day or October. 1992 .
Attest:
0 ~mdl~ ~ia H. Crow, City Clerk
I. Patrtcla H. Crow. City Clerk for the Clty,!>(.Englcwood . Colorado. hereby
ccrtlfy the above IS a true copy ofResoluUon No. io . Ser1cs of 1992 .
Cdi+t(l. vO' a t'-Ctr
Patrtcla H. Crow
-3 ·