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M E M O R A N D U M
TO: Mayor and City Council
FROM: Michael J. Rock, City Manager
DATE: August 3, 2006
SUBJECT: Draft TABOR Ballot Language
Attached is a draft ordinance containing ballot language for the potential TABOR election this fall. This draft was prepared by Roger Noonan and his legal team. We believe that it reflects the guidance provided by City Council.
If the Council wishes to proceed to an election, the ordinance would be considered on second reading on August 28th.
MJR:ceg
Attachment - Draft Ordinance
O-2006-
AN ORDINANCE
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF LAKEWOOD AT THE SPECIAL MUNICIPAL ELECTION ON NOVEMBER 7, 2006, A BALLOT ISSUE FOR THE PURPOSE OF AUTHORIZING A VOTER-APPROVED REVENUE CHANGE FOR THE CITY OF LAKEWOOD.
WHEREAS, Article X, Section 20 of the Colorado Constitution (the "TABOR Amendment") provides that, in any given fiscal year, the City may only retain and spend revenues in an amount equal to the City's fiscal year spending for the previous fiscal year, as adjusted by inflation and local growth, unless the voters approve a revenue change; and
WHEREAS, the City desires to retain and spend for existing City needs excess revenues from non-federal grants and open space collected in 2007; and
WHEREAS, in order to maintain City services during fiscal year 2007 and in future years, it is necessary for the City to collect, retain and spend non-federal grant and open space revenues in an amount in excess of the City's 2006 fiscal year spending base; and
WHEREAS, in order to maintain City services during fiscal year 2007 and future years, the City Council has determined that the most effective means of doing so, without increasing or adding any new taxes of any kind, is to permit the city to collect, retain and expend all non-federal grants and all open space revenues during 2007 and all subsequent years; and
WHEREAS, the City Council wishes to submit to a vote of the registered electors of the City at the special municipal election on November 7, 2006, a ballot issue to allow the City to collect, retain and spend revenues as set forth above, without increasing or adding any new taxes of any kind.
NOW, THEREFORE, BE IT ORDAINED By The City Council Of The City Of Lakewood,
Colorado, that:
SECTION 1. The following ballot issue be submitted to a vote of the registered
electors of the City at the special municipal election on November 7, 2006:
CITY OF LAKEWOOD BALLOT ISSUE 2A
WITHOUT INCREASING ITS CURRENT TAX RATE OR ADDING ANY NEW TAXES, SHALL THE CITY OF LAKEWOOD, COLORADO BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND ALL NON-FEDERAL GRANTS AND ALL OPEN SPACE REVENUES RECEIVED BY THE CITY DURING THE YEAR 2007 AND ALL SUBSEQUENT YEARS THEREAFTER, NOTWITHSTANDING ANY REVENUE OR SPENDING LIMITATIONS INCLUDING THOSE CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
YES ________
NO ________
SECTION 2. The City Clerk shall take all actions necessary for such ballot issue to be presented to the registered electors of the City of Lakewood at the special municipal election on November 7, 2006.
SECTION 3. If the registered electors approve this measure, the City will collect, retain and spend revenues it collects as set forth in the ballot issue without imposing any new taxes or raising any existing taxes.
SECTION 4. This ordinance shall take effect thirty (30) days after final publication.
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