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HomeMy WebLinkAbout1992 Resolution No. 107RESOLUTI ON NO./J2 SERIE S OF 1992 A RESOLUTION IDENTIFYING THE CITY OF ENGLEWOOD 'S FUND BALANCE AND OTHER FUNDS AS A RESERVE FUND AND NOT AS AN EMERGENCY RESERVE . WHEREAS, Amendment J (Artic le X, Section 20 of the Colorado Constitution ), was passed by voters on November 3, 1992; and WHER EAS , Amendment 1 (Artic'e X, Section 20 of the Co lorad o Con stitull on), requires the es tab lishm ent of an Emergency Reserve Fund ; and WHEREAS, Amendment 1 (Article X, Section 20 of the Co lorado Constitution), provides for Reserve Funds ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~im..,;,. For purposes of Reserves (Article X, Section 20 of lhe Colorado Constitution) of the City of Engl ewood, Colorado all fund balances, retained enmings and tho General Fund Balance shall be Reserve Funds of the Cit )' of Englewood and not an Emergency Fund. ADOPTED AND APPROVED this 21st day of December, 1992 . ATTEST : GJ£iv«4<4~ Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk for IJ!~ity of Englewood, Colorado, hereby certify the above is a true copy of Resolutio n N<\l"A.:/, Series of 1992 . { ilt-✓;(·,V w a,·wJ Patric ia H. Crow 11 k 1 Date December 21. 1992 INl11ATED BY STAFF SOURCE COUNCIL COMMUNJC1,\nON Agenda Item 11 k City Manager Subject Amendment I Roger W. Fraser, City Manager ISSUE/ AcnON PROPOSED Staff recommenda that Ctty Council approve the attached resolution and ordinance (II deslgnattng fund balances/retained e=mgs as reserves and (21 creattng an Emergency Reserve Fund respectively. PREVIOUS COUNCIL AcnON None. STAFF ANALYSIS Destgnatlon of Fund Balances/Retained E!\flllniS as Reserves . City staff members have attended several seminars and conducted their own examlnatlons of Amendment I of the Colorado Constltutlon whlch was approved by the voters on November 3, 1992 . Numerous possible lnterprctatlons abound for several Important features of the amendment. One such area of lnterpretatlon Is the deflnltlon of "res rves." The amendment d efi n es "fiscal year spending" as "all district expenditures and reserve Increases" except for certain excluded amounts. "Reserve " Is not defined , yet Its defln.:tlon 1s very Important since fiscal ye ar spending Is restricted to prtor year spendlng adjusted only by the Denver-Boulder CPI and the percentage change In actual value of r eal property In the dlstrtct. One Interpretation of Amendment 1 Is that reseives will b e defined as only those monies actually designated by the district as "reseives." In that case, It would be to the City's advantage to formally designate all of the City's fund balances/re tained earnings as "r eseives" In 1992. By so doing, the City would be Increasing Its "reseives" from 80 to approximately 86,000,000 In 1992 . When 1993 's spending l.1mJt h1 calculated, It would Include all expenditure amounts In 1992 plus the "r es eive Increase" of 86,000,000. Other Interpreters of the amendment believe that r eseive Increases will ultimately b e defined as any excesses of revenues over expenses durtng the fi scal year regardless of the designation or title applied to them by the district (I .e ., any Increases to fund balances/retaln.ed earntngs). Therefore, any action taken by the Ci ty to rename or designate these monies will be Immaterial to the effect of the amendment. It Is therefore In the City's best Interest to designate Its fund balances/retained earntngs as "reserves" In 1992. lf the first Interpretation prevails, wc will have benefltted significantly by doing so. lf the other Interpretation Is adopted, our designation will do no harm nor good . CreaUrJi an Emer@ncy Reserve Fund. Amendment 1 establishes "emergency re!:erves• and req uires local districts to rcservc specified amonnta of thdr fiscal year spending "to use for declared emergencies only." The attac}\•~ ordinance creates an A Emergency Reseive Fund so that wc can easily demonstrate compliance with the • amendment. J FINANCIAL The designation of fund balances/retained earnings a s "reserves" may have the effect of Increasing our 1993 spending celling by approximately $6,000,000. The creation of the Emergency Res er,e Fund will have no real financial Impact, but will assist In financial reporttng. Funds will be transferred to the Emergency Reservc Fund after the proposed ordinance L'I a dopted and published.