HomeMy WebLinkAbout1992-16 Declaring Opposition to Amendment 1 on November 3, 1992 General Election BallotRESOLUTION NO. 16
SERIES 1992
A RESOLUTION DECLARING VAIL TOWN COUNCIL'S
OPPOSITION TO AMENDMENT 1,
WHICH WILL APPEAR ON THE NOVEMBER 3, 1992, GENERAL ELECTION BALLOT.
WHEREAS, a proposed constitutional amendment has been placed on the November 3,
1992, general election ballot as Amendment No.1, which would unreasonably limit state and local
government revenues, spending, and services; require numerous expensive elections on state
and local finance issues; and impose additional costly requirements, thereby diverting public
revenues from critical public services; and
WHEREAS, passing Amendment Na. 1 would severely injure Coloradans by imposing
severe restrictions on state and local governments without having any impact on federal taxes
and spending; and
WHEREAS, because the amendment addresses spending as well as revenues, it is much
more confusing, complicated, and onerous than any prior local government limitation proposed
to the Colorado electorate; and
WHEREAS, the amendment will have immediate and long term adverse effects on the
Town's operations and consequently on its ability to continue to provide services to its citizens;
and
WHEREAS, the Town's current shares of state collected, locally shared revenues in the
form of Highway User's Tax ($137,168), cigarette tax ($150,000), and lottery funds {$12,DDD} are
also at risk due to the amendment's restrictions on state revenue and spending; and
WHEREAS, the combination of revenue, spending, and other restrictions will impair the
community's ability to invest in economic development, job creation and infrastructure and to gain
the resulting community benefits; and
WHEREAS, even though recreational and other activities are financed primarily be fees
paid by users, the amendment will make it difficult to maintain and improve existing serrrices or
to expand or add new services; and
WHEREAS, the amendment violates the principles of representative government in that
decisions regarding governmental programs and policies which related to the expenditure of
public funds will often require voter approval rather than be determined by members of the Town
Council who have been duly chosen by the citizens of the Town of Vail to make such decisions;
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and
WHEREAS, the amendment undermines the principles of local control and home rule by
subjecting day-to-day governmental decisions to arbitrary statewide limits without consideration
for local needs and conditions of the Town and i#s residents; and
WHEREAS, the amendment imposes a constitutional straightjacket on every local
government in Colorado without regard for the complexity of local government structures and
restrictions and provides no options for citizens of a local government to adopt alternative local
limits consistent with local needs; and
WHEREAS local governments are already accountable to their constituents through
regular elections, initiative, referendum and recall procedures, and a variety of financial controls;
and
WHEREAS, if a local government experiences a revenue and spending shortfall in any
year, its revenue and spending limit and its ability to provide services are permanently reduced
even though revenues recover; and
WHEREAS, because of the cyclical nature of government revenues and spending and the
delays inherent in the amendment`s revenue and spending limitation, local governments will be
unable to respond to economic conditions in a timely manner; and
WHEREAS, the effect of the amendment's requirement of voter approval of a wide variety
of finance and service issues at elections held a maximum of two times in each two year cycle
will cause a myriad of finance issues to be placed on the ballot at the same time, prevent timing
of bond elections to take advantage of favorable market conditions, substantially restrict citizen
initiative rights, and preclude timely respond to emergency conditions which are not defined as
emergencies in the amendment, and
WHEREAS, the amendment establishes costly, cumbersome, and confusing election
procedures and requirements, with legal jeopardy to the citizens i# required pro and con
statements, fiscal estimates or notices are later determined by the courts to be mistaken or
inadequate; and
WHEREAS, the amendment requires additional elections to spend the proceeds of taxes
approved by the voters at previous elections; and
WHEREAS, the Town and its citizens will be forced to absorb additional election, finance,
administration, and legal casks in order to comply with the amendment's requirements; and
WHEREAS, the amendment requires local governments to divert funds from needed public
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services to create special reserves available only for extremely limited purposes; and
WHEREAS, passage of the amendment will require extensive and costly litigation in order
for citizens and government officials to be confident about its meaning and to comply with its
terms; and
WHEREAS, if a local government makes a mistake in interpreting and complying with the
amendment, the local government and its citizens are subject to paying a i 0% penalty for up to
four years, plus refunding the excess and paying the costs and attorney's fees of the plaintiffs and
of the local government.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado
that:
SECTION 1.
Amendment 1 is hereby opposed because it would be severely detrimental to the Town
of Vail and its citizens.
SECTION 2.
Citizens are encourage to become fully informed about the amendment and its effects on
them, their community, and their state before voting on November 3.
SECTION 3.
The citizens of the Town of Vail are encourage to vote no on Amendment No. 1.
SECTION 4.
This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of October, 1992.
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Marga et A. Osterfoss, MayoY
ATTEST:
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Martha 5. Raecker, Town Clerk
C:VRESOLU92.16
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