PALMER LAKE, COLORADO

RESOLUTION 2 – 2006

A RESOLUTION IN OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN AS “PETITIONS”, AMENDMENT 38 TO THE COLORADO CONSTITUTION, THAT WOULD MAKE CHANGES TO THE PETITIONING PROCESS AND ADVERSELY IMPACT OPERATIONS OF THE TOWN OF PALMER LAKE AND ALL ITS ENTERPRISES, AUTHORITIES AND RELATED GOVERNMENT ENTITIES TO THE DETRIMENT OF THE CITIZENS OF THE TOWN OF PALMER LAKE.

WHEREAS, an initiated constitutional amendment, Amendment 38 to the Colorado Constitution, has been certified for consideration by the voters of the State of Colorado at the coordinated election to be held on November 2006; and

            WHEREAS, Amendment 38 proposes to supercede and overrule all conflicting provisions of the Colorado Constitution, Colorado Statues and the Town of Palmer Lake Municipal Codes to implement a new petitioning process in Colorado; and

            WHEREAS, Amendment 38 proposes to refute the rule of law applied by many courts and reflected in many statutes that “substantial compliance” is required with technical election requirements and replace it with a “strictest compliance” standard that will not allow for any mitigating remedy in the election process; and

            WHEREAS, Amendment 38 to change all existing law to have a jury make all findings of law, fact and damages – a dramatic change from existing law in which a jury makes findings as to facts based on evidence and the judge makes all legal findings; and

            WHEREAS, Amendment 38 contains an exceedingly broad definition of “district” that appears to include all enterprises of the Town of Palmer Lake, including the Water Enterprise Fund and others, and related governmental entities that could include water authorities, general improvement districts, certain nonprofit corporations: all which function to provide a sustainable standard of living for the citizens of the Town of Palmer Lake; and

            WHEREAS, Amendment 38 apparently grants authority to petition certain governmental entities that have never before held elections; such as enterprises and authorities, and if they have never conducted an election, it is unclear how anyone will be able to compute 5% signature requirement for Secretary of State.

            WHEREAS, Amendment 38 is a very bad choice for the citizens of the Town of Palmer Lake and the State of Colorado for all the reasons set forth above.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PALMER LAKE:

            The Town Council opposed the ballot question known as “Petitions”, Constitutional Amendment 38, that will appear on the November 7, 2006 coordinated election ballot.

            DATED at Palmer Lake, Colorado, this 14th day of September, 2006.

                                                           
Malcolm ‘Max’ Parker, Mayor

ATTEST:

                                                           
Della Gray, Town Clerk