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HomeMy WebLinkAboutResolution-1992-1330 RESOLUTION NO. 1330_ SERIES OF 1992 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE CREATING RESERVES UNDER ART. X, SECTION 20 OF THE COLORADO CONSTITUTION FOR THE 1992 FISCAL YEAR. WHEREAS, an amendment to Article X, Section 20 of the Colorado Constitution was approved by the Colorado voters at the November 3, 1992, general election; and WHEREAS, such amendment contains spending, revenue, debt, and mill levy limitations on local governments; and WHEREAS, one of the basis for the spending and revenue limitations is funds which qualify as "fiscal year spending" as defined in Article X, Section 20(2) (e), which includes funds spent during 1992 and "reserves" which are not defined in the amendment and which are not emergency reserves; and WHEREAS, many of the provisions of the amendment are difficult to interpret and apply, and the final interpretation of the amendment may not be determined until presented to the Colorado Supreme Court; and WHEREAS, the City desires to continue to provide the level and quality of services which the citizens have requested, and to comply with the requirements of the amendment to the best of its ability, as the amendment is presently being interpreted; and WHEREAS, despite the fact that the City cannot know the specific dollar amount held during 1992 that was not spent until completion of the audit process in the spring of 1993, the amendment may require specific designation of such funds as a reserve, but not an emergency reserve, for such funds to be included within the initial fiscal year spending amount; and WHEREAS, the City desires ei ther spent or unspent, in calculation; and to include all funds held in 1992, its initial fiscal year spending WHEREAS, in attempting to comply with the Article X, Section 20, the City does not waive and is specifically preserving any rights and responsibilities it may have under Article XX of the Colorado Constitution, its home rule charter, and any other law. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Wheat Ridge that: 1. In order to comply with the provisions of Article X, section 20 of the Colorado Constitution, all funds held or directed by the City on December 31, 1992 shall be designated as a reserve, but not an emergency reserve, for purposes of Article X, section 20. 2. All funds held or directed by the City during 1992 shall be included within the 1992 fiscal year spending as defined in Article X, section 20 (2) (e) as expenditures or as a reserve increase. 3. The specific amount of the 1992 reserve, and therefore 1992 fiscal year spending, cannot be determined by December 31, 1992, but may be determined as a part of the audit process for 1992. DONE AND RESOLVED this 14th day of December , 1992. ATTEST: i-' ~ \ .......\ .,'\,. " , , \ \.~ Wanda Sang, city Clerk I