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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; 1 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 2 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. ti-L~ ~ , ~t2 - -~ Marga et A. Osterfoss, MayoY ATTEST: R/Lw~- C~''. ti/ Martha 5. Raecker, Town Clerk C:VRESOLU92.16 3