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Council votes to put citizen TID-referendum petition on April ballot after debate over language and enforceability
Summary
After legal explanation that 987 verified signatures were submitted, the council voted to submit a direct-legislation petition requiring referendums on future TIDs over $10,000,000 to the April ballot; councilors warned the petition language is vague and may create enforcement or financing issues.
The Port Washington Common Council voted Dec. 16 to submit a citizen-filed ordinance on tax-increment financing (TID) referendums to the electors for the April election after the city attorney explained legal options.
The city attorney said the petition, certified by the city clerk and containing 987 verified signatures, must either be placed on the ballot without alteration, be adopted as written or prompt a special election; the attorney recommended submission to the electors. The proposed ordinance would require that any newly created TID expected to involve project costs or base-value changes exceeding $10 million be approved in a referendum before creation. The attorney noted the ordinance would be forward-looking only and would not affect existing TIDs such as TID 5 associated with the data-center project.
Council members raised multiple concerns during debate about the petition’s vague language and practical consequences. Alderman Postle noted voters often receive little context on referendum language and said election inspectors cannot advise voters; she warned that unclear wording can produce unintended policy results. Mister Gasper and other council members said key terms in the petition (for example, what exactly counts as "project cost") are undefined and could invite litigation or prevent useful redevelopment; Gasper moved to place the petition on the April ballot rather than adopt it outright.
The motion to submit the proposed ordinance to the electors passed by voice vote. The council did not modify the petition language and will not be able to amend it before it appears on the ballot. The city attorney said if adopted by voters, the referendum result would become binding upon publication.
Council members and staff said they will provide public information about the petition and the upcoming ballot question in advance of the April election.
