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HomeMy WebLinkAbout10593RESOLUTION NO. 10593 A RESOLUTION ESTABLISHING RESERVE INCREASES WITH RESPECT TO FISCAL YEAR SPENDING FOR FISCAL YEAR 2005 WHEREAS, Article X, Section 20(2)(e) of the Colorado Constitution defines "Fiscal Year Spending" to include "Reserve Increases," and: WHEREAS, it would be in the best interest of the City to establish by action of the City Council that any and all 2005 Reserve Increases be considered a part of the City's 2005 "Fiscal Year Spending" and that all year -end fund balances be considered as a "Reserve." NOW, THERFORE; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. Any and all increases to net fund balances shall constitute and be considered "Reserve Increases," and therefore a part of 2005 "Fiscal Year Spending" within the meaning of Article X, Section 20(2)(e) of the Colorado Constitution. SECTION 2. Any and all 2005 year -end balances shall constitute and be considered "Reserves" and all subsequent expenditures and transfers from such "Reserves" shall be excluded from "Fiscal Year Spending" within the meaning of Article X, section 20(2)(e) of the Colorado Constitution. INTRODUCED December 12, 2005 APP PIRESMENT 9F CITY CPYWIL • A, t BY Ray Aquilera Councilperson P "- #10593 Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: DECEMBER 12, 2005 DEPARTMENT: FINANCE DEPARTMENT BOB HAIN, DIRECTOR OF FINANCE TTI'LE A RESOLUTION ESTABLISHING RESERVE INCREASES WITH RESPECT TO FISCAL YEAR SPENDING FOR FISCAL YEAR 2005 ISSUE Should the City of Pueblo designate any and all 2005 increases to net fund balances as "Reserve Increases" and therefore a part of 2005 "Fiscal Year Spending" within the meaning of Article X, Section 20(2)(e) of the Colorado Constitution? RECOMMENDATION Approval of the Resolution. BACKGROUND The Taxpayers Bill of Rights (TABOR) sets limits upon governments for fiscal year spending. This resolution will designate any and all net increases to the fund balance at December 31, 2005 as "reserve increases" within the meaning of TABOR and will deem said increases to be a part of 2005 "fiscal year spending." This resolution will also designate any and all 2005 year -end balances, including any net increase to fund balance during the year 2005, to be "reserves." Any subsequent transfer and expenditure of these "reserves" shall be excluded from future fiscal year spending as calculated under the provisions of TABOR. FINANCIAL IMPACT Denial of the resolution may result in a requirement that the City refund all or a portion of said increases to taxpayers in the year 2006.