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Friday, October 12, 2007

The Ballot Issues of 2007

Observations on the ballot issues by the League of Women Voters.

As usual, the League of Women Voters has come out with a brochure to help people better understand the issues that will be on the November 2007 ballot in Pueblo. And it is much appreciated. Especially when your eyes get ‘crossed’ and your brain scrambled like eggs in a frying-pan trying to read item 2C. [Ed. Note: Sheesh! It is (1) worse than trying to read Dickens in high school, (2) one long sentence, the longest I’ve ever seen in all my life, and (3) ALL CAPS, WHICH GIVES ONE THE IMPRESSION THAT THEY ARE SCREAMING AT YOU.

On that last item, the SCREAMING, one might get the impression they didn’t WANT you to ‘understand’.]

Click on ‘More….’ to see the text of their brochure.

I will point out that, contrary to their statements in the brochure, there IS ‘opposition’ to Questions 2C and 2D. See the items here and here.

There is ALSO opposition to Question 2A. It’s from the Pueblo Chieftain and you can read that organ’s opinion here.

Also, if you wish to visit the League of Women Voters web-site, go HERE.

League of Women Voters of Pueblo, Inc.
PROS & CONS [of] LOCAL Ballot Issues

The 2007 Election is an All-Mail Election.

Ballots will be mailed to voters by the County Clerk’s office on October 12, 2007.

Place your ballot in the mail before November 1, 2007, to ensure delivery by election day or hand deliver to the courthouse by November 6, 2007.

QUESTION NO. 2C

SHALL ORDINANCE NO. 7628 (A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK) OF THE CITY OF PUEBLO, COLORADO BE APPROVED, WHICH ORDINANCE AMENDS CHAPTER 4 OF TITLE XIV OF THE PUEBLO MUNICIPAL CODE AND AUTHORIZES THE CITY TO USE THREE AND THREE-TENTHS PERCENT (3.30%) OF THE CITY’S SALES AND USE TAX REVENUE, WHICH WAS PREVIOUSLY BEING RETAINED BY THE RETAILERS WHO COLLECT SUCH TAX, FOR ONE OR MORE OF THE FOLLOWING PURPOSES, IN SUCH AMOUNTS AND PROPORTIONS AS THE CITY COUNCIL SHALL DETERMINE (1) TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO (“AUTHORITY”) REFUNDING REVENUE BONDS, SERIES 2005 IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,310,000.00, OR ANY BONDS ISSUED TO REFINANCE SUCH BONDS, (2) TO PAY THE NET OPERATING AND MAINTENANCE EXPENSES OF THE PUEBLO CONVENTION CENTER, INCLUDING A RESERVE FOR REPLACEMENT FUND, (3) TO FINANCE IN AN AMOUNT NOT TO EXCEED $3,000,000.00 THE ACQUISITION AND CONSTRUCTION OF PARKING FACILITIES AND OTHER IMPROVEMENTS RELATED TO THE PUEBLO CONVENTION CENTER, (4) TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE AUTHORITY’S REVENUE BONDS, IF ISSUED, IN A PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000.00 TO FINANCE AN EXPANSION OF THE PUEBLO CONVENTION CENTER AND THE CONSTRUCTION OF RELATED PARKING FACILITIES AND OTHER IMPROVEMENTS, OR ANY BONDS ISSUED TO REFINANCE SUCH BONDS, AND/OR (5) TO REIMBURSE RETAILERS FOR THEIR COSTS INCURRED IN COLLECTING AND REMITTING THE SALES AND USE TAX REVENUES TO THE CITY, AUTHORIZING THE CITY COUNCIL TO PLEDGE IRREVOCABLY ALL OR ANY PART OF THE THREE AND THREE-TENTHS PERCENT (3.30%) OF THE CITY’S SALES AND USE TAX REVENUE FOR ANY AND ALL OF THE FORGOING PURPOSES AND PAYMENT THEREOF, AND SHALL THE REVENUES DERIVED FROM SUCH THREE AND THREE-TENTHS PERCENT (3.30%) OF THE CITY’S SALES AND USE TAX AND THE EARNINGS FROM THE INVESTMENT THEREOF BE COLLECTED AND SPENT, WITHOUT LIMITATION OR CONDITION, AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?

SUMMARY:
This question would authorize the City Council to continue to use existing and future 3.3% vendors’ fee for the Pueblo Convention Center (“Center”) to:
1. Payoff the existing bonds,
2. Pay the Center’s net operating and maintenance expenses.
3. Finance the acquisition and construction of a parking facility and other related Center improvements.
4. Pay for bonds to finance an expansion of the Pueblo Convention Center and other related improvements.

Those in favor say:
1. This does not create a new tax or increase any existing taxes.
2. The Convention Center has been a source of increased revenue for the City of Pueblo and the business community.
3. Currently many groups and trade shows wanting to use the Pueblo Convention Center are turned away because the space is full or there is insufficient room for the size of the proposed event. Expansion of the Center would result in more and larger groups being able to schedule their event in Pueblo and result in increased revenue for both the City of Pueblo and Pueblo businesses.
4. Currently the Pueblo Conference Center is not equipped to handle trade shows, which are large revenue generators and are distinct from conventions. This expansion would provide the only such facility between Denver and Albuquerque.
5. This is an effective way to bring “outside money’ into Pueblo, in a way that puts little stress on our roads, police and general infrastructure. It is estimated that the average person who comes to a convention in Pueblo spends $135 a day while they are here.
6. After the new bonds are paid in 2029, vendors’ fee, except amount used for Convention Centers’ operating and maintenance, may be returned to the vendors who collect the City’s sales and use tax.

Those who are opposed say:
There is no organized opposition to this ballot issue.

QUESTION NO. 2D

SHALL THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, BE AUTHORIZED TO PLEDGE THREE AND THREE-TENTHS PERCENT (3.30%) OF THE CITY’S EXISTING SALES AND USE TAX REVENUE TOWARD THE PAYMENT OF BONDS TO BE ISSUED BY THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO (“AUTHORITY”) IN A PRINCIPAL AMOUNT OF UP TO $8,000,000.00 WITH A REPAYMENT COST NOT TO EXCEED $15,500,000.00 TO FINANCE AN EXPANSION OF THE PUEBLO CONVENTION CENTER AND THE CONSTRUCTION OF RELATED PARKING FACILITIES AND OTHER IMPROVEMENTS?

SUMMARY: This Question would allow the City Council to pledge 3.3% of the City’s existing sales and use tax revenue (the vendor’s fee) toward the payment of bonds used for the expansion of the Pueblo Convention Center, related parking facilities, and other Convention Center improvements.

Those in favor say:
1. Without specific authorization, the City Council may not commit funds beyond the current fiscal year.
2. This would allow the City Council to commit revenue from the receipt of future vendor fees to be pledged for payment of the bonds to finance the expansion of the Pueblo Convention Center, related parking facilities and other Convention Center improvements.

Those who are opposed say:
There is no organized opposition.

QUESTION NO. 2A — Charter Amendment (appointment and removal of city attorney)

SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO THE DEPARTMENT OF LAW BE AMENDED BY ADDING LANGUAGE SPECIFYING THAT THE CITY COUNCIL SHALL HAVE THE POWER TO APPOINT AND REMOVE THE CITY ATTORNEY?

SUMMARY:
The charter amendment specifies that the City Council be authorized to appoint and remove the City Attorney, with a majority vote of all members of Council.

Those in favor say:
1. Under current provision of the City Charter, the City Council sets the compensation of the City Attorney, but the responsibility of appointing and removing the City Attorney lies with the City Manager. A City Charter amendment is necessary to change this.
2. This amendment makes clear that the City Attorney is responsible to Council, and removes a layer of information-filtering between the Council and City Attorney.
3. In other municipalities, county governments and school boards, the Attorney is responsible to the Governing Board, and not the Chief Executive. This amendment would bring Pueblo’s charter into line with how other governments operate.

Those opposed say:
There is no organized opposition to this charter change.

QUESTION NO. 2B — Charter Amendment (maximum penalties for violating ordinances and charter provisions)

SHALL THE CHARTER OF THE CITY OF PUEBLO BE AMENDED TO PROVIDE FOR ENFORCEMENT OF ORDINANCES AND CHARTER PROVISIONS BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH FINE AND IMPRISONMENT?

SUMMARY:
This Charter Amendment would raise the maximum Municipal Court fine to $1,000 and the maximum sentence to one year.

Those in favor say:
1. Fines and imprisonment provisions were originally established in 1954, at $300 and 90 days in jail, and have not been changed since. This charter change brings fines up to date, and brings both fines and incarceration sentences in line with those allowed by
state statute and with those in other cities.
2. The buying power of $300 in 1954 is equal to $2,298 today.
3. The municipal courts are becoming a viable alternative to district courts, and are seeing more cases and more serious cases, such as street racing, eluding police, reckless driving and contributing to the delinquency of minors.
4. Repeat and chronic offenders are more likely to be deterred by higher fines and longer incarceration.

Those who are opposed say:
No organized opposition has been identified

Pueblo West Metropolitan District

QUESTION 5A

WITHOUT INCREASING ANY TAX RATE OR IMPOSING ANY NEW TAX SHALL PUEBLO WEST METORPOLITAN DISTRICT BE PERMITTED TO COLLECT, RETAIN AND SPEND ALL REVENUE IT RECEIVED IN THE YEAR 2006 AND SUBSEQUENT YEARS CONTINUING FOR 5 YEARS THEREAFTER TO DECEMBER 31, 2010 AS A VOTER APPROVED REVENUE CHANGE AND PROPERTY TAX REVENUE CHANGE UNDER ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION AND TO EXCEED THE 5.5% PROPERTY TAX REVENUE GROWTH LIMITATION CONTAINED IN SECTION 29- 1-301 COLORADO REVISED STATUTES AND ANY OTHER REVENUE LIMITATION CONTAINED IN THE LAWS OF THE STATE UTILIZING ALL OF THE EXCESS REVENUE OVER SAID LIMITS FOR ROAD MAINTENANCE AND IMPROVEMENTS AND STORM DRAINAGE IMPROVEMENTS?

SUMMARY:
Without increasing or imposing new taxes the Metropolitan District will be permitted to collect, retain and spend all excess revenue it received in 2006 and continue to retain these excess revenues for five years to December 31, 2010. These funds will be used for needed road maintenance and improvements and for storm drainage improvements.

Those in favor say:
1. The unexpected revenue is a windfall from additional Highway User Tax funds, land sales and interest on investments in 2006. It is “outside money”, not property taxes.
2. The District has many unmet needs that this surplus will be used for. The funds from a five year exemption from TABOR restrictions will be earmarked expressly for infrastructure needs:
a. Road maintenance and improvements.
b. Storm drainage improvements from a methodical long term plan that has been prepared
to remediate the problem, not just continue with band aids.

Those opposed say:
No organized opposition has come forward.

Colorado City Metropolitan District

QUESTION I

SHALL COLORADO CITY METROPOLITAN DISTRICT BE AUTHORIZED, AS A VOTER APPROVED PERMANENT REVENUE CHANGE, TO COLLECT, RETAIN AND SPEND OR RESERVE ALL REVENUES FROM ANY SOURCE WITHOUT ANY OTHER CONDITION OR LIMITATION, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF ANY REVENUES BY COLORADO CITY METROPOLITAN DISTRICT UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW INCLUDING BUT NOT LIMITED TO THE STATUTORY PROPERTY TAX REVENUE LIMITATION OF C.R.S. 29-1-301.

SUMMARY:
The Colorado City Metropolitan District (CCMD) will be authorized to keep and use all funds it collects that currently exceed TABOR limitations. The District may continue to retain and spend these excess funds on a permanent basis.

Those in favor say:
1. This proposal will not increase the tax rate or impose any new District taxes.
2. Retaining excess revenues will increase the District’s ability to fund needed services like repairs to buildings, noxious weed control, and road maintenance. These funds may also be used for CCMD operating costs, previously deferred maintenance projects, and capitol construction.
3. None of these funds will go to the golf course. Golf course funding is a separate item and will remain the same.

Those opposed say:
No organized opposition has come forward.

The League of Women Voters is not responsible for the accuracy or fairness of the arguments of either side.

The League of Women Voters of Pueblo is strictly nonpartisan; we never support or oppose any political party or candidate. At the same time, we are wholeheartedly political, working to influence public policy through education and advocacy. Membership in the League is open to citizens of voting age.

Further information about the League of Women Voters may be obtained by calling 544-4956, or by writing: LWV Pueblo P.O. Box 521, Pueblo, CO 81002 or visiting http://www.lwvpueblo.org.

Posted by Chuck Pelto at 12:15 PM in
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