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Legal staff: draft Lumberyard ballot language meets TABOR options; council to approve in August
Summary
City staff and counsel told the council the draft ballot question has been reviewed and both formulations (start with 'shall the city debt be increased' or start with 'without increasing tax') would likely comply with TABOR; council asked staff to prepare final language for the Aug. 12 meeting.
Legal framing dominated part of the work session as council members reviewed draft ballot question text to appear on an upcoming bond measure.
A staff speaker explained TABOR constraints and said starting the question with the phrase "without increasing tax" would remain TABOR-compliant: "we feel that it would still meet with all of the TABOR requirements and be compliant with TABOR laws if you start the question with without increasing tax." The staff also said outside counsel at Butler Snow reviewed the draft language and believed both versions were legally defensible.
Councilmembers focused on clarity and readability. Multiple members asked whether the phrase that the ballot must be presented in block letters could be rearranged to make the statement about no tax increase more prominent to voters. Staff said they would aim to finalize the wording before the August 12 regular meeting and bring a resolution to that meeting.
The council did not vote on ballot language at the session; staff will return with finalized language and a resolution for the August 12 agenda.
