HomeMy WebLinkAbout2006-13 Urging Vail Voters to Educate themselves and then Oppose Ballot Issue Number 38 in the November 7, 2006 Election7 RESOLUTION NO. 13
Series 2006
A RESOLUTION BY THE TOWN OF VAIL COUNCIL URGING VAILS VOTERS
TO EDUCATE THEMSELVES AND THEN OPPOSE BALLOT ISSUE NUMBER
38 IN THE NOVEMBER 7, 2006 ELECTION.
WHEREAS, the Colorado Secretary of State certified Ballot Issue Number 38 on December
6, 2005; and
WHEREAS, this dramatic proposal would substantially change the historical referendum
process in Colorado; and
WHEREAS, among other things this amendment would expand the referendum powers
towards all local governments including "all enterprise authorities and other governmental entities"
and;
WHEREAS, these enterprises and other governmental entities would be seriously and
detrimentally impacted by such referendum; and
WHEREAS, proposals similar to Amendment 38 have twice before been rejected by the
Colorado voters in both 1994 and 1996 by substantial margins; and
WHEREAS, the proposal is not clearly written and creates with virtually every line of the
proposal numerous practical and legal interpretation questions; and
WHEREAS, strictest compliance is required against hundreds of governmental districts
which would create a substantial cost to the State even if only complaint based enforcement occurs;
and
WHEREAS, this ballot item would overrule any conflicting State constitution provision, home
rule Town charter and all other state and local laws; and
WHEREAS, the procedures set forth present an unfair playing field in that the Plaintiffs can
recover their attorney's fees but governmental entities have practically no chance of recovering
taxpayers dollars spent on frivolous compliance actions; and
WHEREAS, such broad initiative and referendum rightwould seriously disrupt the operations
of government; and
WHEREAS, Council would be forced to delay local laws from going into effect before a 91
day waiting period had passed; and
WHEREAS, the measure purports to prohibit any future ballot issue rejected by the voters if
the future issue is wholly or mostly similar to the rejected ballot item; and
WHEREAS, Amendment 38 mandates taxpayer financed political advertising in the form of
up to one thousand word statement, for petition proponents. Opponents have not such right under
this ballot item.
WHEREAS, resulting litigation from the numerous legal challenges caused by Ballot Item 38
will create a serious legal burden for the Colorado Supreme Court, state and local government; and
Resolution No. 13, Series 2006
WHEREAS, verification of signature protections would deteriorate by the new procedure
proposed by Ballot Item 38; and
WHEREAS, this Ballot Item would severely and negatively impact the operations of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF Vail,
COLORADO as follows:
Section 1. The Town Council hereby urges citizens to educate themselves on Ballot Issue
Number 38.
Section 2. The Town Council of the Town of Vail further urges citizens to recognize the
severe and disabling effects this Amendment will have on both state and local levels of government.
Section 3. The Town Council urges Vail voters to vote against Ballot Item 38 in the
November 7, 2006 election.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of October, 2006.
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TOWN OF VAIL, COLORADO
Rodne E. SliferY
Mayor of the Town of Vail, Colorado
Resolution No. 13, Series 2006